ELECTION
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OF THE
State of Montana
1931
Arranged and Compiled from Revised Codes of
Montana of 1921, as Amended
Published by W. E. Harmon
Secretary of State
Montana State Library
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3 0864 1004 2455 8
ELECTION
LAWS
OF THE
State of Montana
1931
Arranged and Compiled from Revised Codes of
Montana of 1921, as Amended
Published by W. E. Harmon
Secretary of State
ELECTION LAWS OF MONTANA
To the Electors of the State of Montana:
Under Section 807, Revised Codes of the State of Montana, 1921, "It
is the duty of the Secretary of State to cause to be published, in pamphlet
form, a sufficient number of copies of election laws, and such other
provisions of law as bear upon the subject of elections, and to transmit
the proper number to each County Clerk, whose duty it is to furnish
each election officer in his county with one of such copies." In obedience
to the above mandate, I have caused to be prepared what is believed to
be a complete compilation of all laws dealing with State, County, City
and School District elections found in the Revised Codes of 1921, as
amended.
Secretary of State.
ELECTION LAWS OF MONTANA
CONTENTS
Page
Abatement of Smoke Nuisance, Cities and Towns 176
Absent Voters 72
Apportionment and Representation 18-19
Ballots, Preparation and Form 65
Bonding Fire Districts in Unincorporated Cities and Towns 169
Bond Issue and Tax Levy for Bridge Construction 153
Bonds to Cover Drought Relief 150
Bond Issue, Restrained 208
Bridges, Public — Bonds 153
Canvass of Returns — Result — Certificates of Election 95
Cities and Towns:
Classification and Organization of 160
Officers and Elections 162
Initiative and Referendum 165
Indebtedness of — Bonds 171
Abatement of Smoke Nuisance 176
Classification and Organization of Cities and Towns 160
Clerks of Election and Judges 41
Commission Form of Government for Cities 177
Commission-Manager Form of Government for Cities 188
Conducting Elections, Polls. Voting, Challenges 68
Counties, New 136
County Seat, Removal of 129
County Seat, Location of 131
County Bond Elections 154, 157
Constitutional Provisions 7-17
Constitutional Amendments, Publication of Proposed 26
Contesting Elections 102
Consolidation of School Districts 106
Congress, Members of — Elections and Vacancies 101
Conventions, National, Election of Delegates 99
Corrupt Practices 215
Crimes Against Election Franchise 208
Creation of New County by Petition and Election 136
Direct Primary 49
District Judges 207
Disqualifications and Restrictions upon Residence of Officers 25
Duties of County Commissioners, Relative to Elections 147
Elections — Time of Holding 25
Proclamations 25
Precincts 27
Supplies '^2
Returns ^3
Relating to School Matters 102
ELECTION LAWS OF MONTANA 5
Page
Electors, Registration of 28
Presidential, How Chosen .'. 98
Qualification of 205
Extra Taxation for School Purposes 116
Failure of Elections — Procedure on Tie Vote 98
Free Public Libraries 164
Government of Counties 158
High School Code, Elections 122
High School Abolishment County High 124
High School Junior District 126
Indebtedness of Cities and Towns — ^Bonds 171
Initiative and Referendum 20-25
Initiative and Referendum, Cities and Towns 165
Judicial Districts 207
Judicial Officers 206
Judges and Clerks of Election 41
Justices of the Supreme Court 206
Justices of the Peace 208
Location of County Seats 131
Members of Congress — Election and Vacancies 101
Managerial Form of County Govei-nment 159
Municipal Contracts and Franchises 169
Nomination of Candidates for Special Election by Convention or
Primary Meeting or by Electors 45
Officers and Elections, Cities and Towns 162
Precincts, Election 27
Presidential Electors, How Chosen 98
Primary, Direct 49
Proclamations 25
Public Bridges, Bonds 129
Publication of Questions Submitted to Popular Vote 26
Qualifications and Disabilities of Electors 26
Removal of County Seat 129
Referendum and Initiative 20-25
Registration of Electors 28
Returns Election 93
School Districts, Consolidation 106
School Matters, Elections Relating to 102
School Purposes, Extra Taxation for - 116
School District Bonds 118, 122
School District Budget System : 127
Seed Grain Law — Manner of Voting 147
Special Road District Laws 128
Taxation, Extra, for School Purposes 116
Time of Holding Elections 25
Tie Vote, Procedure on 98
Voting by Absent Electors 72
Voting by Absent Electors, Military Service 79
Voting Machines, Conduct of Elections When Used 85
ELECTION LAWS OF MONTANA 7
CONSTITUTION
ARTICLE III
A Declaration of KiKhts of the People of the State of Montana
Section 2. The people of the state have the sole and exclusive right
of governing- themselves, as a free, sovereign, and independent state,
and to alter and abolish their constitution and form of government,
whenever they may deem it necessary to their safety and happiness, pro-
vided such change be not repugnant to the constitution of the United
States.
Section 5. All elections shall be free and open, and no power, civil or
military, shall at any time interfere to prevent the free exercise of the
right of suffrage.
ARTICLE V
Legislative Department
Section 1. The legislative authority of the state shall be vested in a
legislative assembly, consisting of a senate and house of representatives;
but the people reserve to themselves power to propose laws, and to enact
or reject the same at the polls, except as to laws relating to appropria-
tions of money, and except as to laws for the submission of constitu-
tional amendments, and except as to local or special laws, as enumerated
in article V, section 26, of this constitution, independent of the legislative
assembly; and also reserve power, at their own option, to approve or
reject at the polls, any act of the legislative assembly, except as to laws
necessary for the immediate preservation of the public peace, health,
or safety, and except as to laws relating to appropriations of money,
and except as to laws for the submission of constitutional amendments,
and except as to local or special laws, as enumerated in article V, section
26, of this constitution. The first power reserved by the people is the
initiative and eight per cent, of the legal voters of the state shall be
required to propose any measure by petition; Provided, That two-fifths
of the whole number of the counties of the state must each furnish as
signers of said petition eight per cent of the legal voters in such county,
and every such petition shall include the full text of the measure so
proposed. Initiative petitions shall be filed with the secretary of state,
not less than four months before the election at which they are to be
voted upon.
The second power is the referendum, and it may be ordered either
by petition signed by five per cent of the legal voters of the state, pro-
vided that two-fifths of the whole number of the counties of the state
must each furnish as signers of said petition five per cent of the legal
voters in such county, or, by the legislative assembly as other bills are
enacted.
Referendum petitions shall be filed with the secretary of state, not
later than six months after the final adjournment of the session of the
legislative assembly which passed the bill on which the referendum is
demanded. The veto power of the governor shall not extend to measures
referred to the people by the legislative assembly or by initiative refer-
endum petitions.
8 ELECTION LAWS OF MONTANA
All elections on measures referred to the people of the state shall be
had at the biennial regular general election, except when the legislative
assembly, by a majority vote, shall oi'der a special election. Any measure
referred to the people shall still be in full force and effect unless such
petition be signed by fifteen per cent of the legal voters of a majority
of the whole number of the counties of the state, in which case the law
shall be inoperative until such time as it shall be passed upon at an
election, and the result has been determined and declared as provided by
law. The whole number of votes cast for governor at the regular election
last preceding the filing of any petition for the initiative or referendum
shall be the basis on which the number of the legal petitions and orders
for the initiative and for the referendum shall be filed with the secretary
of state; and in submitting the same to the people, he, and all other
officers, shall be guided by the general laws and the act submitting
this amendment, until legislation shall be especially provided therefor.
The enacting clause of every law originated by the initiative shall be
as follows:
"Be it enacted by the people of Montana."
This section shall not be construed to deprive any member of the
legislative assembly of the right to introduce any measure.
Section 2. Senators shall be elected for the term of four years, and
representatives for the term of two years, except as otherwise provided
in this constitution.
Section 3. No person shall be a representative who shall not have
attained the age of twenty-one years, or a senator who shall not have
attained the age of twenty-four years, and who shall not be a citizen
of the United States, and who shall not (for at least twelve months next
preceding his election) have resided within the county or district in
which he shall be elected.
Section 4. The legislative assembly of this state, until otherwise
provided by law, shall consist of sixteen members of the senate, and fifty-
five members of the house of representatives.
It shall be the duty of the first legislative assembly to divide the
state into senatorial and representative districts, but there shall be no
more than one senator from each county. The senators shall be divided
into two classes. Those elected from odd-numbered districts shall con-
stitute one class, and those elected from even-numbered districts shall
constitute the other class; and when any additional senator shall be pro-
vided for by law, his class shall be determined by lot.
One-half of the senators elected to the first legislative assembly
shall hold office for one year, and the other half for three years; and it
shall be determined by lot immediately after the organization of the
senate, whether the senators from the odd or even-numbered districts
shall hold for one or three years.
Section 26. The legislative assembly shall not pass local or special
laws in any of the following enumerated cases, that is to say: For
granting divorces; laying out, opening, altering or working roads or
highways; vacating roads, town plats, streets, alleys or public grounds;
locating or changing county seats; regulating county or township affairs;
ELECTION LAWS OF MONTANA 9
regulating the practice in courts of justice; regulating the jurisdiction
and duties of justices of the peace, police magistrates or constables;
changing the rules of evidence in any trial or inquiry; providing for
changes of venue in civil or criminal cases; declaring any person of age;
for limitation of civil actions, or giving effect to informal or invalid
deeds; summoning or impaneling grand or petit juries; providing for the
management of common schools; regulating the rate of interest on
money; the opening or conducting of any election or designating the
place of voting; the sale or mortgage of real estate belonging to minors
or others under disability; chartering or licensing ferries or bridges or
toll roads; chartering banks, insurance companies and loan and trust
companies; remitting fines, penalties or forfeitures; creating, increasing
or decreasing fees, percentages or allowances of public officers; chang-
ing the law of descent; granting to any corporation, association or indi-
vidual the right to lay down railroad tracks, or any special or exclusive
privilege, immunity or franchise whatever; for the punishment of crimes;
changing the names of persons or places; for the assessment or collection
of taxes; affecting estates of deceased persons, minors or others under
legal disabilities; extending the time for the collection of taxes; re-
funding money paid into the state treasury; relinquishing or extinguish-
ing in whole or in part the indebtedness, liability or obligation of any
corporation or person to this state, or to any municipal corporation
therein; exempting property from taxation; restoring to citizenship
persons convicted of infamous crimes; authorizing the creation, extension
or impairing of liens ; creating offices, or prescribing the powers or duties
of officers in counties, cities, township or school disti*icts; or authorizing
the adoption or legitimation of children. In all other cases where a
general law can be made applicable, no special law shall be enacted.
Section 45. When vacancies occur in either house the governor or
the person exercising the functions of the governor shall issue writs of
election to fill the same.
ARTICLE VI
Apportionment and Representation
Section 1. One representative in the congress of the United States
shall be elected from the state at large, the first Tuesday in October,
1889, and thereafter at such times and places, and in such manner as
may be prescribed by law. When a new apportionment shall be made
by congress the legislative assembly shall divide the state into congres-
sional districts accordingly.
Section 2. The legislative assembly shall provide by law for an
enumeration of the inhabitants of the state in the year 1895, and every
tenth year thereafter; and at the session next following such enumera-
tion, and also at the session next following an enumeration made by the
authority of the United States, shall revise and adjust the apportionment
for representatives on the basis of such enumeration according to ratios
to be fixed by law.
Section 3. Representative districts may be altered from time to time
as public convenience may require. When a representative district shall
be composed of two or more counties, they shall be contiguous, and the
10 ELECTION LAWS OF MONTANA
districts as compact as may be. No county shall be divided in the
formation of representative districts.
Section 4. Whenever new counties are created, each of said counties
shall be entitled to one senator, but in no case shall a senatorial district
consist of more than one county.
ARTICLE VII
Executive Department
Section 1. The executive department shall consist of a governor,
lieutenant-governor, secretary of state, attorney general, state treasurer,
state auditor and superintendent of public instruction, each of whom
shall hold his office for four years, or until his successor is elected and
qualified, beginning on the first Monday of January next succeeding his
election, except that the terms of office of those who are elected at the
first election, shall begin when the state shall be admitted into the Union,
and shall end on the first Monday of January, A. D. ISg^S. The officers
of the executive department, excepting the lieutenant-governor, shall
during their terms of office reside at the seat of government, where they
shall keep the public records, books and papers. They shall perform such
duties as are prescribed in this constitution and by the laws of the state.
The state treasurer shall not be eligible to his office for the succeeding
term.
Section 2. The officers provided for in section 1 of this article, shall
be elected by the qualified electors of the state at the time and place of
voting for members of the legislative assembly, and the persons respec-
tively, having the highest number of votes for the office voted for shall
be elected; but if two or more shall have an equal and the highest
number of votes for any one of said offices, the two houses of the legis-
lative assembly, at its next regular session, shall forthwith by joint
ballot, elect one of such persons for said office. The returns of election
for the officers named in section 1 shall be made in such manner as may
be prescribed by law, and all contested elections of the same, other than
provided for in this section, shall be determined as may be prescribed
by law.
Section 3. No person shall be eligible to the office of governor,
lieutenant-governor, or superintendent of public instruction, unless he
shall have attained the age of thirty years at the time of his election,
nor to the office of secretary of state, state auditor, or state treasurer,
unless he shall have attained the age of twenty-five years, nor to the
office of attorney general unless he shall have attained the age of thirty
years, and have been admitted to practice in the supreme court of the
state, or territory of Montana, and be in good standing at the time of
his election. In addition to the qualifications above prescribed, each of
the officers named shall be a citizen of the United States, and have re-
sided within the state or territory two years next preceding his election.
ARTICLE VIII
Judicial Departments
Section 6. The justices of the supreme court shall be elected by the
electors of the state at large, as hereinafter provided.
ELECTION LAWS OF MONTANA 11
Section 7. The term of office of the justices of the supreme court,
except as in this constitution otherwise provided, shall be six years.
Section 8. There shall be elected at the first general election, pro-
vided for by this constitution, one chief justice and two associate justices
of the supreme court. At said first election the chief justice shall be
elected to hold his office until the general election in the year one thou-
sand eight hundred ninety-two (1892), and one of the associate justices
to hold office until the general election in the year one thousand eight
hundred ninety-four (1894), and the other associate justice to hold his
office until the general election in the year one thousand eight hundred
ninety-six (1896), and each shall hold until his successor is elected and
qualified. The terms of office of said justices, and which one shall be
chief justice, shall at the first and all subsequent elections be designated
by ballot. After said first election one chief justice or one associate
justice shall be elected at the general election every two years, com-
mencing in the year one thousand eight hundred ninety-two (1892), and
if the legislative assembly shall increase the number of justices to five,
the first terms of office of such additional justices shall be fixed by law
in such manner that at least one of the five justices shall be elected
every two years. The chief justice shall preside at all sessions of the
supreme court, and in case of his absence, the associate justice having
the shortest term to serve shall preside in his stead.
Section 9. There shall be a clerk of the supreme court, who shall hold
his office for the term of six years, except that the clerk first elected
shall hold his office only until the general election in the year one thou-
sand eight hundred ninety-two (1892), and until his successor is elected
and qualified. He shall be elected by the electors at large of the state,
and his compensation shall be fixed by law, and his duties prescribed by
law, and by the rules of the supreme court.
Section 10. No person shall be eligible to the office of justice of the
supreme court, unless he shall have been admitted to practice law in
the supreme court of the territory or state of Montana, be at least thirty
years of age, and a citizen of the United States, nor unless he shall have
resided in said territory or state at least two years next preceding his
election.
District Courts
Section 12. The state shall be divided into judicial districts, in each
of which there shall be elected by the electors thereof one judge of the
district court, whose term of office shall be four years, except that the
district judges first elected shall hold their offices only until the general
election in the year one thousand eight hundred and ninety-two (1892),
and until their successors are elected and qualified. Any judge of the
district court may hold court for any other district judge, and shall do so
when required by law.
Section 13. Until otherwise provided by law judicial districts of the
state shall be constituted as follows: First district, Lewis and Clark
county; Second district. Silver Bow county; Third district, Deer Lodge
county; Fourth district, Missoula county; Fifth district, Beaverhead,
12 ELECTION LAWS OF MONTANA
Jefferson and Madison counties; Sixth district, Gallatin, Park and
Meagher counties; Seventh district, Yellowstone, Custer and Dawson
counties; Eighth district, Choteau, Cascade and Fergus counties.
Section 18. There shall be a clerk of the district court in each county,
who shall be elected by the electors of his county. The clerk shall be
elected at the same time and for the same term as the district judge. The
duties and compensation of the said clerk shall be as provided by law.
County Attorneys
Section 19. There shall be elected at the general election in each
county of the state one county attorney, whose qualifications shall be
the same as are required for a judge of the district court, except that
he must be over twenty-one years of age, but need not be twenty-five
years of age, and whose term of office shall be two years, except that
the county attorneys first elected shall hold their offices until the general
election in the year one thousand eight hundred and ninety-two (1892),
and until their successors are elected and qualified. He shall have a
salary to be fixed by law, one-half of which shall be paid by the state,
and the other half by the county for which he is elected, and he shall
perform such duties as may be required by law.
Justices of the Peace
Section 20. There shall be elected in each organized township of
each county by the electors of such township at least two justices of the
peace, who shall hold their offices, except as otherwise provided in this
constitution, for the term of two years. Justices' courts shall have such
original jurisdiction within their respective counties as may be prescribed
by law, except as in this constitution otherwise provided; Provided,
That they shall not have jurisdiction in any case where the debt, damage,
claim or value of the property involved exceeds the sum of three hundred
dollars.
Section 34. Vacancies in the office of justice of the supreme court,
or judge of the district court, or clerk of the supreme court, shall be filled
by appointment, by the governor of the state, and vacancies in the offices
of county attorney, clerk of the district court, and justices of the peace,
shall be filled by appointment, by the board of county commissioners of
the county where such vacancy occurs. A person appointed to fill any
such vacancy shall hold his office until the next general election and
until his successor is elected and qualified. A person elected to fill a
vacancy shall hold office until the expiration of the term for which the
person he succeeds was elected.
ARTICLE IX
Rights of Suffrage and Qualifications to Hold Office
Section 1. All elections by the people shall be by ballot.
Section 2. Every person of the age of twenty-one years or over,
possessing the following qualifications, shall be entitled to vote at all
general elections and for all officers that now are, or hereafter may be,
elective by the people and upon all questions which may be submitted
to the vote of the people: First, he shall be a citizen of the United
States; second, he shall have resided in this state one year immediately
ELECTION LAWS OF MONTANA 13
preceding the election at which he offers to vote, and in the town, county
or precinct such time as may be prescribed by law; Provided, First that
no person convicted of felony shall have the right to vote unless he has
been pai-doned; Provided, Second, that nothing herein contained shall be
construed to deprive any person of the right to vote who has such right
at the time of the adoption of this constitution; Provided, That after
the expiration of five years from the time of the adoption of this con-
stitution, no person except citizens of the United States shall have the
right to vote.
Section 3. For the purpose of voting no person shall be deemed to
have gained or lost a residence by reason of his presence or absence while
employed in the service of the state, or of the United States, nor while
engaged in the navigation of the waters of the state, or of the United
States, nor while a student at any institution of learning, nor while kept
at any almshouse or other asylum at the public expense, nor while con-
fined in any public prison.
Section 4. Electors shall in all cases, except treason, felony or breach
of peace, be privileged from arrest during their attendance at elections
and in going to and returning therefrom.
Section 5. No elector shall be obliged to perform military duty on
the days of election, except in time of war or public danger.
Section 6. No soldier, seaman or marine in the army or navy of the
United States shall be deemed a resident of this state in consequence
of being stationed at any military or naval place within the same.
Section 7. No person shall be elected or appointed to any office in
this state, civil or military, who is not a citizen of the United States,
and who shall not have resided in this state at least one year next before
his election or appointment.
Section 8. No idiot or insane person shall be entitled to vote at any
election in this state.
Section 9. The legislative assembly shall have the power to pass a
registration and such other laws as may be necessary to secure the
purity of elections and guard against abuses of the elective franchise.
Section 10. All persons possessing the qualifications for suffrage
prescribed by section 2 of this article as amended and such other qualifi-
cations as the legislative assembly may by law prescribe, shall be eligible
to hold the office of county superintendent of schools or any other school
district office.
Section 11. Any person qualified to vote at general elections and
for state officers in this state, shall be eligible to any office therein
except as otherwise provided in this constitution, and subject to such
additional qualifications as may be prescribed by the legislative assembly
for city offices and offices hereafter created.
Section 12. Upon all questions submitted to the vote of the taxpayers
of the state, or any political division thereof, women who are taxpayers
and possessed of the qualifications for the right of suffrage required of
men by this constitution, shall equally with men have the right to vote.
Section 13. In all elections held by the people under this constitution,
the person or persons who shall receive the highest number of legal
votes shall be declared elected.
14 ELECTION LAWS OF MONTANA -- ;
ARTICLE XI
Education
Section 10. The legislative assembly shall provide that all elections
for school district officers shall be separate from those elections at which
state or county officers are voted for.
ARTICLE XIII
Public Indebtedness
Section 5. No county shall be allowed to become indebted in any
manner, or for any purpose, to an amount, including existing indebted-
ness in the aggregate, exceeding five (5) per centum of the value of the
taxable property therein, to be ascertained by the last assessment for
state and county taxes previous to the incurring of such indebtedness,
and all bonds or obligations in excess of such amount given by or on
behalf of such county shall be void. No county shall incur any indebted-
ness or liability for any single purpose to an amount exceeding ten
thousand dollars ($10,000) without the approval of a majority of the
electors thereof, voting at an election to be provided by law.
Section 6. No city, town, township or school district shall be allowed
to become indebted in any manner or for any purpose to an amount, in-
cluding existing indebtedness, in the aggregate exceeding three (3) per
centum of the value of the taxable property therein, to be ascertained
by the last assessment for state and county taxes previous to the in-
curring of such indebtedness, and all bonds or obligations in excess of
such amount given by or on behalf of such city, town, township or school
district shall be void; Provided, however. That the legislative assembly
may extend the limit mentioned in this section, by authorizing municipal
corporations to submit the question to a vote of the taxpayers affected
thereby, when such increase is necessary to construct a sewerage system
or to procure a supply of water for such municipality which shall own
and control said water supply and devote the revenues derived therefrom
to the payment of the debt.
ARTICLE XVI
Municipal Corporations and Officers
Section 2. The legislative assembly shall have no power to remove
the county seat of any county, but the same shall be provided for by
general law; and no county seat shall be removed unless a majority of
the qualified electors of the county, at a general election on a proposition
to remove the county seat, shall vote therefor; but no such proposition
shall be submitted oftener than once in four years.
Section 4. In each county there shall be elected three County Com-
missioners, whose term of office shall be six years; provided that each
county in the State of Montana shall be divided into three Commissioner
Districts, to be designated as Commissioner Districts, numbers one, two
and three, respectively.
The board of County Commissioners shall in every county in the
State of Montana, at their regular session, on the first Monday in May,
1929, or as soon thereafter as convenient or possible, not exceeding
sixty days thereafter, meet and by and under the direction of the District
ELECTION LAWS OF MONTANA 15
Court Judge or Judges of said county, divide their respective counties
into three Commissioner Districts as compact and equal in population
and area as possible, and number them respectively, one, two and three,
and when such division has been made, there shall be filed in the office
of the County Clerk and Recorder of such county, a certificate designat-
ing the metes and bounds of the boundary lines and limits of each of
said Commissioners Districts, which certificate shall be signed by said
Judge or Judges; provided, also that at the first regular session of any
newly organized and created county, the said Board of County Commis-
sioners, by and under the direction of the District Court Judge or Judges
of said county, shall divide such new county into Commissioner Districts
as herein provided.
Upon such division, the Board of County Commissioners shall assign
its members to such districts in the following manner; each member
of the said Board then in service shall be assigned to the district in
which he is residing or the nearest thereto; the senior member of the
Board in service to be assigned to the Commissioner District No. 1, the
next member in seniority to be assigned to Commissioner District No. 2,
and the juliior member of the Board to be assigned to Commissioner
District No. 3; provided, that at the fii'st general election of any newly
created and organized county, the commissioner for District No. 1, shall
be elected for two years, for No. 2, for four years, and for No. 3, for
six years, and biennially thereafter there shall be one Commissioner
elected to take the place of the retiring Commissioner, who shall hold
his office for six years.
That the Board of County Commissioners by and under the direction
of the District Court Judge or Judges of said County, for the purpose
of equalizing in population and area such Commissioner Districts, may
change the boundaries of any or all of the Commissioner Districts in
their respective county, by filing in the office of the County Clerk and
Recorder of such county, a certificate signed by said Judge or Judges
designating by metes and bounds the boundary lines of each . of said
Commissioner Districts as changed, and such change in any or all the
districts in such county, shall become effective from and after filing of
such certificate; provided, however, that the boundaries of no Com-
missioner District shall at any time be changed in such a manner as to
affect the tei-m of office of any County Commissioner who has been
elected, and whose term of office has not expired; and provided, further,
that no change in the boundaries of any Commissioner District shall be
made within six months next preceding a general election.
At the general election to be held in 1930, and thereafter at each
general election, the member or members of the Board to be elected,
shall be selected from the residents and electors of the district or dis-
tricts in which the vacancy occurs, but the election of such member or
members of the Board shall be submitted to the entire electorate of the
county, provided, however, that no one shall be elected as a member of
said board, who has not resided in said district for at least two years
next preceding the time when he shall become a candidate for said office.
16 ELECTION LAWS OF MONTANA
When a vacancy occurs in the Board of County Commissioners the
Judge or Judges of the Judicial District in which the vacancy occurs,
shall appoint someone residing in such Commissioner District vi^here the
vacancy occurs, to fill the office until the next general election when a
Commissioner shall be elected to fill the unexpired term.
Section 5. There shall be elected in each county the following of-
ficers: One county clerk, who shall be clerk of the board of the county
commissioners and ex-officio recorder; one sheriff; one treasurer, who
shall be collector of taxes; Provided, That no person shall hold the office
of county treasurer for more than two consecutive terms; one county
superintendent of schools; one county surveyor; one assessor; one cor-
oner; one public administrator. Persons elected to the different offices
named in this section shall hold their respective offices for the term of
two years, and until their successors are elected and qualified. Vacancies
in all county, township and precinct offices, except that of county com-
missioners, shall be filled by appointment by the board of county com-
missioners, and the appointee shall hold his office until the next genei'al
election.
Section 6. The legislative assembly may provide for the election or
appointment of such other county, township, precinct and municipal
officers as public convenience may require and their terms of office
shall be as prescribed by law, not in any case to exceed two years, except
as in this constitution otherwise provided.
Section 7. The legislative assembly may, by general or special law,
provide any plan, kind, manner or form of municipal government for
counties, or counties and cities and towns, or cities and towns, and
whenever deemed necessary or advisable, may abolish city or town
government and unite, consolidate or merge cities and towns and county
under one municipal government, and any limitations in this constitution
notwithstanding, may designate the name, fix and prescribe the number,
designation, terms, qualifications, method of appointment, election or
removal of the officers thereof, define their duties and fix penalties for
the violation thereof, and fix and define boundaries of the territory so
governed, and may provide for the discontinuance of such form of gov-
ernment when deemed advisable; Provided, however, that no form of
government permitted in this section shall be adopted or discontinued
until after it is submitted to the qualified electors in the territory affect-
ed and by them approved.
ARTICLE XIX
Miscellaneous Subjects and Future Amendments
Section 8. The legislative assembly may at any time, by a vote of
two-thirds of the members elected to each house, submit to the electors
of the state the question whether there shall be a convention to revise,
alter, or amend this constitution; and if a majority of those voting on
the question shall declare in favor of such convention, the legislative
assembly shaU at its next session provide for the calling thereof. The
number of members of the convention shall be the same as that of the
he use of representatives, and they shall be elected in the same manner,
at the same places, and in the same districts. The legislative assembly
ELECTION LAWS OF MONTANA 17
shall in the act calling' the convention designate the day, hour and place
of its meeting, fix the pay of its members and officers, and provide for
the payment of the same, together with the necessary expenses of the
convention. Before proceeding, the members shall take an oath to sup-
port the constitution of the United States and of the State of Montana, and
to faithfully discharge their duties as members of the convention. The
qualifications of members shall be the same as of the members of the
senate, and vacancies occurring shall be filled in the manner provided
for filling: vacancies in the legislative assembly. Said convention shall
meet within three months after such election and prepare such revisions,
alterations or amendments to the constitution as may be deemed neces-
sary, which shall be submitted to the electors for their ratification or
rejection at an election appointed by the convention for that purpose,
not less than two nor more than six months after the adjornment thereof;
and unless so submitted and approved by a majority of the electors voting
at the election, no such revision, alteration or amendment shall take
effect.
18 ELECTION LAWS OF MONTANA
REVISED CODES OF MONTANA, 1921, AS AMENDED
APPORTIONMENT AND REPRESENTATION
(Constitutional Provisions Art V and VI — See pages 7-9)
Section 44. That after the expiration of the Seventeenth Legislative
Assembly of Montana, the membership of the House of Representatives
of all Legislative Assemblies of Montana shall be apportioned amongst,
and to the several counties of the State, upon and according to the
official Federal census enumeration of the inhabitants of the several
counties of Montana had, as taken by authority of law in the year 1920,
and upon the ratio of one Representative or member, therein from each
county, for each six thousand (6,000) persons in such county, or frac-
tional part thereof in excess of three thousand (3,000) persons; provided,
each county now created, shall be entitled to at least one member.
Section 45. In accordance therewith each county of the State shall
be entitled to, and shall elect at each biennial general, state and county
election, the number of members of the House of Representatives in the
Legislative Assembly of Montana herein below allotted and apportioned
to it, and set opposite its name as follows, to-wit:
Beavei'head County One member
Big Horn County One member
Broadwater County One member
Blaine County Two members
Carbon County Three members
Carter County One member
Cascade County Six members
Chouteau County Two members
Custer County Two members
Daniels County One member
Dawson County Two members
Deer Lodge County Three members
Fallon County One member
Fergus County Four members
Flathead County Four members
Gallatin County Three members
Garfield County _ One member
Glacier County One member
Golden Valley County One member
Granite County One member
Hill County Two members
Jefferson County One member
Judith Basin County One member
Lake County One member
Lewis and Clark County Three members
Liberty County One member
Lincoln County One member
Madison County One member
McCone County One member
Meagher County One member
Mineral County One member
ELECTION LAWS OF MONTANA 19
Missoula County Four members
Musselshell County One member
Park County Two members
Petroleum County One member
Phillips County Two members
Pondera County One member
Powder River County One member
Powell County One member
Prairie County One member
Ravalli County Two members
Richland County One member
Rosebud County One member
Roosevelt County Two members
Sanders County One member
Sheridan County Two members
Silver Bow County Ten members
Stillwater County One member
Sweet Grass County One member
Teton County One member
Toole County One member
Treasure County One member
Valley County Two members
Wheatland County One member
Wibaux County One member
Yellowstone County Five members
(Above list brought up to date of issue of this pamphlet.)
Section 46. Whenever a new county is created it shall have and be
entitled to one member of the House of Representatives until otherwise
apportioned.
Section 47. Whenever a new county is created, it shall be attached
to and become a part of the Representative district, embracing the
county from which the largest ai'ea included in the new county has
been taken.
Section 48. That all that portion of the State of Montana lying
west of the east boundary of Flathead, Lewis and Clark, Broadwater,
and Gallatin counties, to-wit: the counties of Lincoln, Sanders, Mineral,
Missoula, Ravalli, Beaverhead, Madison, Silver Bow, Jefferson, Deer
Lodge, Granite, Powell, Flathead, Gallatin, Lewis and Clark, and Broad-
water shall constitute the First Congressional district of the State; and
that all that portion of the State of Montana lying east of the east
boundary of Flathead, Lewis and Clark, Broadwater, and Gallatin
counties, to-wit: the counties of Hill, Blaine, Phillips, Valley, Sheridan,
Dawson, Wibaux, Prairie, Richland, Fergus, Chouteau, Cascade, Meagher,
Musselshell, Rosebud, Custer, Fallon, Big Horn, . Carbon, Yellowstone,
Stillwater, Sweet Grass, Park, Toole, and Teton shall constitute the
Second Congressional district of the State.
Whenever any county is created, comprised partly of the territory
of both such districts, said county shall belong to and become a part
of the district to which major portion of the territory of said county
belonged and was a part prior to the creation of such new county.
20 ELECTION LAWS OF MONTANA
INITIATIVE AND REFERENDUM
(Constitutional Provisions Art V, Sec. 1 — Page 7)
Section 99. The following shall be substantially the form of petition
for the Referendum to the people on any act passed by the Legislative
Assembly of the State of Montana:
Warning
Any person signing any name other than his own to this petition, or
signing the same more than once for the same measure at one election,
or who is not, at the time of signing the same, a legal voter of this
State, is punishable by a fine not exceeding Five Hundred Dollars
($500), or imprisonment in the penitentiary not exceeding two years, or
by both such fine and imprisonment.
Petition for Referendum
To the Honorable , Secretary of State for the
State of Montana:
We, the undersigned citizens and legal voters of the State of Montana,
respectfully order that Senate (House) Bill Number , entitled
(title of act), passed by the Legislative Assembly
of the State of Montana, at the regular (special) session of said Legis-
lative Assembly, shall be referred to the people of the State for their
approval or rejection, at the regular, general, or special election to be
held on the day of , 19 ,
and each for himself says: I have personally signed this petition; I am
a legal voter of the State of Montana; and my residence, postoffice
address, and voting precinct are correctly written after my name.
Name Residence
Postoffice address
If in city, street and number
Voting precinct
(Here follow numbered lines for signatures.)
Section 100. The following shall be substantially the form of pfetition
for any law of the State of Montana proposed by the Initiative:
Warning
Any person signing any name other than his own to this petition,
or signing the same more than once for the same measure at one elec-
tion, or who is not, at the time of signing the same, a legal voter of
this State, is punishable by a fine not exceeding Five Hundred Dollars
($500), or imprisonment in the penitentiary not exceeding two years,
or by both such fine and imprisonment.
ELECTION LAWS OF MONTANA 21
Petition for Initiative
To the Honorable , Secretary of State of the
State of Montana:
We, the undersigned legal voters of the State of Montana, respectfully
demand that the following proposed law shall be submitted to the legal
electors of the State of Montana, for their approval or rejection, at
the regular, general or special election to be held on the
day of , 19 , and each for himself says:
I have personally signed this petition and my residence, postoffice
address, and voting precinct are correctly written after my name.
Name Residence
Postoffice address
If in city, street and number
Voting precinct
(Numbered lines for names on each sheet.)
Every such sheet for petitioners' signature shall be attached to a
full and correct copy of the title and text of the measure so proposed by
initiative petition; but such petition may be filed with the Secretary
of State in numbered sections, for convenience in handling, and referen-
dum petitions may be filed in sections in like manner.
Section 101. The county clerk of each county in which any such peti-
tions shall be signed shall compare the signatures of the electors sign-
ing the same with their signatures on the registration books and blanks
on file in his office, for the preceding general election, and shall there-
upon attach to the sheets of said petition containing such signatures his
certificate to the Secretary of State, substantially as follows:
State of Montana, County of ss.
To the Honorable , Secretary of State
for Montana:
I, , County Clerk of the County of
...., hereby certify that I have com-
pared the signatures on (number of sheets) of the Referendum (Initia-
tive) petition, attached hereto, with the signatures of said electors as
they appear on the registration books and blanks in my office; and I
believe that the signatures of (names of signers), numbering (number
of genuine signatures), are genuine. As to the remainder of the signa-
tures thereon, I believe that they are not genuine, for the reason that
; and I further certify
that the following names
( ) do not appear on the registration books
and blanks in my office.
(Signed:)
(Seal of Office) County Clerk.
By ,
Deputy
22 ELECTION LAWS OF MONTANA
Every such certificate shall be prima facie evidence of the facts stated
therein, and of the qualifications of the electors whose signatures are
thus certified to be genuine, and the Secretary of State shall consider
and count only such signatures on such petitions as shall be so certified
by said County Clerks to be genuine; provided, that the Secretary of
State may consider and count such of the remaining signatures as may
be proved to be genuine, and that the parties so signing were legally
qualified to sign such petitions, and the official certificate of a Notary
Public of the county in which the signer resides shall be required as to
the fact for each of such last named signatures; and the Secretary of
State shall further compare and verify the official signatures and seals
of all Notaries so certifying with their signatures and seals filed in his
office. Such Notaries' certificates shall be substantially in the following
form :
State of Montana, County of ss.
I, - , a duly qualified and acting
Notary Public in and for the above-named county and State, do hereby
certify: that I am personally acquainted with each of the following
named electors whose signatures are affixed to the annexed petition,
and I know of my own knowledge that they are legal voters of the
State of Montana, and of the county and precincts written after their
several names in the annexed petition, and that their residence and
postoffice address is correctly stated therein, to-wit: (Names of such
electors.)
In testimony whereof, I have hereunto set my hand and official seal
this day of , 19
Notary Public, in and for County, State
of Montana.
The County Clerk shall not retain in his possession any such petition,
or any part thereof, for a longer period than two days for the first
two hundred signatures thereon, and one additional day for each two
hundred additional signatures, or fraction thereof, on the sheets present-
ed to him, and at the expiration of such time he shall forward the same
to the Secretary of State, with his certificate attached thereto, as above
provided. The forms herein given are not mandatory, and if substantially
followed in any petition, it shall be sufficient, disregarding clerical and
merely technical errors.
Section 102. Immediately upon the filing of any such petition for
the Referendum or the Initiative with the Secretary of State, signed by
the number of voters and filed within the time required by the consti-
tution, he shall notify the governor in writing of the filing of such
petition, and the governor shall forthwith issue his proclamation, an-
nouncing that such petition has been filed, with a brief statement of its
tenor and effect. Said proclamation shall be published four times for
four consecutive weeks in one daily or weekly paper in each county of
the State of Montana.
ELECTION LAWS OF MONTANA 23
Section 103. The Secretary of State, at the same time that he fur-
nishes to the county clerk of the several counties certified copies of the
names of the candidates for office, shall also furnish the said county
clerks his certified copy of the titles and numbers of the various measures
to be voted upon at the ensuing general or special election, and he shall
use for each measure a title designated for that purpose by the legislative
assembly, committee, or oi'ganization presenting and filing with h'.m the
act, or petition for the initiative or the referendum, or in the petition
or act; provided, that such title shall in no case exceed one hundred
words, and shall not resemble any such title previously filed for any
measure to be submitted at that election which shall be descriptive of
said measure, and he shall number such measures. All measures shall
be numbered with consecutive numbers beginning with the number
immediately following that on the last measure filed in the office of the
Secretary of State. The affirmative and negative of each measure shall
bear the same number, and no two measures shall be numbered alike.
It shall be the duty of the several county clerks to print said titles and
numbers on the official ballot prescribed by section 678 of the Revised
Codes of Montana 1921, in the numerical order in which the measures
have been certified to them by the Secretary of State. Measures pro-
posed by the initiative shall be designated and distinguished from meas-
ures proposed by the Legislative Assembly by the heading "Proposed
Petition for Initiative."
All constitutional amendments submitted to the qualified electors of
the State shall likewise be placed upon the official ballot prescribed by
said section 678 and no such amendment shall hereafter be submitted on
a separate ballot. Nothing herein contained shall be deemed to change
the existing laws of the State regulating in other respects the manner
of submitting such proposed amendments.
As amended by Chapter 52, Laws of 1927.
Section 104. The manner of voting on measures submitted to the
people shall be by marking the ballot with a cross in or on the diagram
opposite and to the left of the proposition for which the voter desires
to vote. The following is a sample ballot representing negative vote:
D
D
For Initiative Measure No. 6
Relating to Duties of Sheriffs.
Against said Measure No. 6.
For Referendum Measure No. 7
Relating to Purchase of Insane Asylum.
Against said Measure No. 7.
And no title on a ballot shall contain more than ten words, which
shall be descriptive of the measure proposed.
24 ELECTION LAWS OF MONTANA
Section 105. The Secretary of State shall furnish a copy of each
of the proposed measures to be submitted to the people to, and make
requisition on, the State Purchasing Agent for the printing, and delivery
to him of all proposed initiative and referendum measures to be submitted
to a vote of the people.
The State Purchasing Agent, shall, not later than the first Monday
of the third month next before any general or special election, at which
any proposed law is to be submitted to the people, cause to be printed
a true copy of the title and text of each measure to be submitted, with
the number and form in which the question will be printed on a separate
official ballot. It shall be the duty of the State Purchasing Agent to call
for bids, and contract with the lowest responsible bidder for the printing
of the proposed law to be submitted to the people.
The proposed law to be submitted shall be printed in news type, each
page to be six inches wide by nine inches long, and when such proposed
measure constitutes less than six pages, it shall be printed flat and for-
warded to the County Clerk and Recorder of each of the several counties
in that form.
When the proposed measure constitutes more than six pages, said
measui-e shall be printed in pamphlet form, securely stapled, without
cover. No proposed measure, hereafter, to be submitted to the people
of the State, as provided for in this section shall be bound. The quality
of the paper to be used for the proposed measure shall be left to discre-
tion of the State Purchasing Agent. The number of said proposed
measures to be printed shall be five per cent (5%) more than the number
of registered voters, as shown by the registration lists of the several
counties of the State at the last preceding general election.
The Secretary of State shall distribute to each County Clerk before
the second Monday in the third month next preceding such regular gen-
eral election, a sufficient number of said pamphlet to furnish one copy
to every voter in his coufity. And each County Clerk shall be required
to mail to each registered voter in each of the several counties in the
State at least one copy of the same within thirty (30) days from the
date of his receipt of the same from the Secretary of State. The mailing
of said pamphlets to electors shall be a part of the official duty of the
County Clerk of each of the several counties, and his official compensa-
tion shall be full compensation for this additional service.
As amended by Chapter 137, Laws of 1927.
Section 106. The votes on measures and questions shall be counted,
canvassed and returned by the regular boards of judges, clerks, and
officers as votes for candidates are counted, canvassed, and returned,
and the abstract made by the several County Clerks of votes on measures
shall be returned to the Secretary of State on separate abstract sheets
in the manner provided by sections 801 and 802 of this code for ab-
stracts of votes for State officers. It shall be the duty of the State Board
of Canvassers to proceed within thirty days after the election, and
sooner if the returns be all received, to canvass the votes given for
each measure, and the governor shall forthwith issue his proclamation,
which shall be published in two daily newspapers printed at the capital,
ELECTION LAWS OF MONTANA 25
giving: the whole number of votes cast in the State for and against
each measure and question, and declaring such measures as are ap-
proved by a majority of those voting thereon to be in full force and
effect as the law of the State of Montana from the date of said procla-
mation, designating such measures by their titles.
Section 107. Every person who is a qualified elector of the State
of Montana may sign a petition for the Referendum or for the Initiative.
Any person signing any name other than his own to such petition, or
signing the same more than once for the same measure at one election,
or who is not, at the time of signing the same, a legal voter of this
State, or any officer or any person wilfully violating any provision of
this statute, shall, upon conviction thereof, be punished by a fine not
exceeding Five Hundred Dollars, or by imprisonment in the penitentiai-y
not exceeding two years, or by both such fine and imprisonment in
the discretion of the court before which such conviction shall be had.
Section 108. A bill passed by the Legislative Assembly and referred
to popular vote at the next general election, or at a special election,
shall not be in effect until it is approved at such general or special
election by a majority of those voting for and against it.
(Note — See also title, "Initiative and Referendum in Government of
Cities and Towns.")
DISQUALIFICATIONS AND RESTRICTIONS UPON
RESIDENCE OF OFFICERS
Section 410. No person is capable of holding a civil office in this
State, who at the time of his election or appointment is not of the age
of twenty-one years and a citizen of this State.
TIME OF HOLDING ELECTIONS
Section 531. There must be held throughout the State, on the first
Tuesday after the first Monday of November, in the year eighteen
hundred and ninety-four, and in every second year thereafter, an election
to be known as the general election.
Section 532. Special elections are such as are held to supply vacan-
cies in any office, and are held at such times as may be designated by
the proper officer or authority. The Board of County Commissioners
shall be authorized to call a special election at any time for the purpose
of submitting to the qualified electoi's of the county a proposition to
raise money for any public improvement desired to be made in the county.
ELECTION PROCLAMATIONS
Section .533. At least sixty days before a general election, and
whenever he orders a special election to fill a vacancy in the office of
State Senator or member of the House of Representatives, at least ten
days before such special election, the governor must issue an election
proclamation, under his hand and the great seal of the State, and
transmit copies thereof to the Boards of Commissioners of the counties
in which such elections are to be held.
Section 534. Such proclamation must contain:
1. A statement of the time of election, and the offices to be filled.
26 ELECTION LAWS OF MONTANA
2. An offer of rewards, in the following form: "And I do hereby
offer a reward of one hundred dollars for the arrest and conviction of
any person violating any of the provisions of sections 10747 to 10772
of the Penal Code. Such rewards to be paid until the total amount here-
after expended for the purpose reaches the sum of five thousand
dollars."
Section 535. The Board of County Commissioners, upon the receipt
of such proclamation, may, in the case of general or special elections,
cause a copy of the same to be published in some newspaper printed
in the county, if any, and to be posted at each place of election at least
ten days before the election; and in case of special elections to fill a
vacancy in the office of State Senator or member of the House of Repre-
sentatives, the Board of County Commissioners, upon receipt of such
proclamation, may in their discretion, cause a copy of the same to be
published or posted as hereinbefore provided, except that such publica-
tion or posting need not be made for a longer period than five days
before such election.
Section 536. Whenever a special election is ordered by the Board
of County Commissioners, they must issue an election proclamation,
containing the statement provided for in subdivision 1 of section 534, and
must publish and post it in the same manner as proclamations issued
by the governor.
PUBLICATION OF QUESTIONS SUBMITTED TO
POPULAR VOTE
Section 538. Questions to be submitted to the people of the county
or municipality must be advertised by publication in at least one news-
paper within the county or municipality, once a week for two successive
weeks, and one of such publications in such newspaper must be upon
the last day upon which such newspaper is issued before the election.
QUALIFICATIONS AND DISABILITIES OF ELECTORS
Section 539. All elections by the people shall be by ballot.
Section 540. Every person of the age of twenty-one years or over,
possessing the following qualifications, if his name is registered as re-
quired by law, is entitled to vote at all general and special elections and
for all officers that now are, or hereafter may be, elective by the people,
and upon all questions which may be submitted to the vote of the
people: First, he must be a citizen of the United States; second, he must
have resided in the State one year and in the county thirty days im-
mediately preceding the election at which he offers to vote. No person
convicted of felony has the right to vote unless he has been pardoned.
Nothing in this section contained shall be construed to deprive any
person of the right to vote who had such right at the time of the adop-
tion of the State constitution. After the expiration of five years from
the time of the adoption of the State constitution, no persons except
citizens of the United States have a right to vote.
Section 541. Electors must in all cases, except treason, felony, or
bzeach of the peace, be privileged from arrest during their attendance
at elections, and in going to and returning therefrom.
ELECTION LAWS OF MONTANA 27
Section 542. No elector is required to perform military duty on the
days of election, except in times of war or public danger.
Section 543. No idiot or insane person is entitled to vote at any
election in this State.
Section 544. The payment of a tax upon property by any person
assessed therefor on a county or city assessment roll next preceding
the election at which a question is to be submitted to the vote of the
taxpayers of the State, or to the vote of the taxpayers of such county
or city, or any subdivision thereof, constitutes such person a taxpayer
at such election.
ELECTION PRECINCTS
Section 545. The territorial unit for the conduct of elections shall be
the election precinct. The Board of County Commissioners of each county
shall establish a convenient number of election precincts therein having
reference to equalizing the number of electors in the several precincts as
nearly as possible. Precinct boundaries shall conform to the wards of
incorporated cities of the first, second and third class and to the boun-
daries of school districts of the first class only, provided that any ward
or school district may be divided into two or more precincts and any
precinct may be divided into two or more polling places. In towns, or
municipal corporations other than the cities of the first, second and
third class, election precincts may, however, include two or more wards,
or may comprise the territory included by one or more wards, together
with contiguous territory lying outside the said incorporated towns.
As amended by Chapter 25, Laws of 1929.
Section 546. The Board of County Commissioners may change the
boundaries of precincts and create new or consolidate established pre-
cincts, but no precinct shall be changed or created between the first
day of January and the first day of December in any year during which
a general election is to be held within the State of Montana. All
changes, alterations, or modifications in precinct boundaries must be
certified to the County Clerk within three days after the order making
same shall have been made. All election precincts shall be designated by
numbers but may also be designated by distinctive names in addition
to such numbers.
Section 547. The city council of all incorporated cities and towns
within the State of Montana shall certify to the County Clerk and
ex-officio Registrar of the county within which such city or town is
situated, a description of the boundaries of the several wards within such
city or town, and in like manner shall cei'tify any changes or alterations
in such boundaries that may from time to time be made, within ten days
after the same are made.
Section 548. The County Surveyor of each county must, within ten
days after the Board of County Commissioners shall have established
or changed the boundaries of any election precincts within such county,
deliver to the County Clerk of the county a map correctly showing the
boundaries of all precincts and school districts within the county as then
existing.
28 ELECTION LAWS OF MONTANA
Section 549. The city council of any incoi-porated city or town shall,
withfh ten days after the ward lines of such city or town shall have
been established or changed, deliver or cause to be delivered to the
County Clerk of said county a map correctly showing the boundaries
of the wards within such city or town as then existing; such map shall
also show all streets, avenues, and alleys by name, and the respective
wards by numbers, with the ward boundaries clearly defined thereon.
Section 550. The board must, at the session at which judges of elec-
tion are appointed, make an order designating the house or place within
the precinct where the election must be held.
Section 551. If the board fails to designate the house or place for
holding the election, or if it cannot be held at the house or place desig-
nated, the judges of election, or a majority of those acting as such in
the precinct must, two days before the election and by order, under
their hand (copies of which they must at once post in three public places
in the precinct), designate the house or place.
Section 552. No officer of this State, nor of any county shall estab-
lish a voting precinct within or at the premises of any Indian agency
or trading post.
REGISTRATION OF ELECTORS
Section 553. The County Clerk of each county of the State of Mon-
tana is hereby declared to be ex-officio County Registrar of such county
and shall perform all acts and duties in this Act provided without extra
pay or compensation therefor. He shall have the custody of all registra-
tion books, cards, and papers herein provided for, and the register here-
inafter provided for to be kept by said County Clerk is hereby declared
to be an official record of the office of the County Clerk of each county.
Section 554. The official register of electors in each county shall be
contained in a book designated "register," which book shall be so ar-
ranged in precincts and alphabetical divisions suitable to record the full
and complete information given by each elector, and a card index of
which the County Clerk of such county shall at all times have the custody.
The cards shall be four by six inches in size, of white calendar stock, and
shall be so perforated that all cards in any drawer may be fastened in
by a rod passing through such perforations, which rod shall be kept
locked except when the clerk shall be making necessary changes in the
register. The registry book herein provided shall be in such form as
shall be designated by the Secretary of State of the State of Montana.
The registry card shall be substantially in the following form:
ELECTION LAWS OF MONTANA 29
(FACE)
STATE OF MONTANA, ^
County of J
Number Date Name Sex
Where born Age Height Occupation
Ft.-In.
Naturalized when Where
Residence Post Office Sec. Twp. Rg.
Length of time in Precinct Ward School Dist.
State County City
Date cancelled Date registered Disability, if any
Place where last registered
STATE OF MONTANA, ^
^ « rss.
County of j
, being duly sworn says:
I am the elector whose name appears on the face of this card; the several
statements thereon contained affecting my qualifications as an elector
are true; I am able to mark my ballot (or I am unable to mark my
ballot by reason of the physical disabilities on this card specified), and
I am not registered elsewhere within the State of Montana and claim
no right to vote elsewhere than in the precinct on this card specified, so
help me God.
Subscribed and sworn to before me this day of
., 19.
County Clerk and Ex-Officio Registrar.
By Deputy.
30 ELECTION LAWS OF MONTANA
(BACK)
AFFIDAVIT OF LOST NATURALIZATION PAPERS
STATE OF MONTANA, ^
rss.
County of j
, being duly sworn on
oath, says:
I am the elector named on the face of this card; I am a naturalized
citizen of the United States; my certificate of naturalization is lost or
destroyed, or beyond my present reach, and I have no certified copy
thereof; I came to the United States in the year ; I was
admitted to citizenship in the state (or territory) of
county of , by the court
during the year ; I last saw my certificate of naturalization,
or a certified copy thereof, at
Subscribed and sworn to before me this
day of , 19
County Clerk and Ex-Officio Registrar.
By Deputy.
Section 555. Any elector residing within the county may register
by appearing before the County Clerk and Ex-Officio Registrar and
making connect answers to all questions propounded by the County Clerk
touching the items of inform.ation called for by such registry card, and
by signing and verifying the affidavit or affidavits on the back of such
card.
Section 556. If any elector resides more than ten miles distant from
the office of the County Clerk, he may register before the deputy regis-
trar within the precinct where such elector resides. If by reason of
physical infirmity the elector is unable to appear before the County
Clerk or any deputy registrar, he may send written notice to the County
Clerk or to the deputy registrar of such disability, with the request
that his registration be made at his residence. Upon receipt of such
notice and request it shall be the duty of the County Clerk or deputy
registrar, as the case may be, to make the registration of such elector
at his residence; provided, that no greater sum than twenty-five cents
may be charged or received by any officer or person for taking the
registration of the elector herein provided for; and provided further, that
no officer or person shall be entitled to receive from any county in the
State of Montana any charge for expenses incurred by reason of the
provisions of this section.
ELECTION LAWS OF MONTANA 31
Section 557. All Notaries Public and Justices of the Peace are desig-
nated as deputy registrars in the county in which they reside, and may
register electors residing more than ten miles from the county court
house in -any precinct within the county. The County Commissionei-s shall
appoint a deputy registrar, other than Notaries Public and Justices of
the Peace, for each precinct in the county. Such deputy registrar shall
be a resident elector in the precinct for which he is appointed and shall
register electors in that precinct, and shall receive as compensation for
his services the sum of twenty-five cents for each elector registered by
him. Each deputy registrar shall forward by mail, within two days, all
registration cards filled out by him to the County Clerk and Recorder.
Section 558. The office of the County Clerk shall be open for regis-
tration of voters between the hours of nine a. m. and five p. m. on all
days except legal holidays. Registry cards shall be numbered consecu-
tively in the order of their receipt at the office of the County Clerk;
provided, however, that electors who are registered upon the registry
books in use in any county prior to the passage and approval of this
law shall retain upon their registry cards the same number as they
have severally had upon such books; and provided also that such electors
need not again appear at the office of the County Clerk to register,
but the County Clerk is hereby authorized to fill out from such registry
books registry cards for all electors entitled to vote at the time of the
passage and approval of this law, transcribing from such books the data
called for by such cards. The cards so filled out from the registry books
shall be marked "transcribed" by the County Clerk, and shall constitute
part of the official register, and shall entitle the elector represented
by each such card to vote in the same manner as if the card had been
filled out, signed and verified by such elector. The County Clei-k shall
classify register cards according to the precincts in which the several
electors reside, and shall arrange the cards in each precinct in alpha-
betical order. The cards for each precinct shall be kept in a separate
filing case or drawer which shall be marked with the number of the
precinct. The County Clerk shall, immediately after filling out the
card index or registry cards as herein provided, enter upon the official
register of the county in the proper precinct the full information given
by said elector.
Section 559. If any applicant for registration applies to be regis-
tered who has not resided within the State of Montana, or the county
or city for the required length of time, and who shall be entitled to and
is qualified to register on or before the day of election, provided he
answers the question of the County Clerk in a satisfactory manner, and it
is made to appear to the County Clerk that he will be entitled to become
a qualified elector by the date upon which the election is to be held, the
County Clerk shall accept such registration. If any person applies to
be registered who is not a citizen of the United States, but states that
he will be qualified to be registered as a citizen of the United States
before the date upon which the election is to be held, the County Clerk
shall accept such registration, but shall place opposite the name of such
person the words, "to be challenged for want of naturalization papers,"
32 ELECTION LAWS OF MONTANA
and such person shall not be entitled to vote unless he exhibits to the
judges of election his final naturalization papers.
Section 560. Every elector, on changing his residence from one pre-
cinct to another within the same county, may cause his registry card
to be transferred to the register of the precinct of his new residence,
by a request in writing to the County Clerk of such county, in the follow-
ing form:
I, the undersigned, elector, having changed my residence from Precinct
No to Pi-ecinct No in the County of
, State of Montana, herewith make application
to have my registry card transferred to the precinct register of the pre-
cinct of my present residence. My registration number is
Dated at , on the day of
, 19
Whenever it shall be more convenient for any elector residing outside
of an incorporated city or town to vote in another precinct in the same
political township in the county, such elector may cause his registry
card to be transferred fi'om the precinct of his residence to such other
precinct, by filing in the office of the County Clerk of such county, at
least thirty days prior to any election, a request in writing in the
following form:
I, the undersigned elector, herewith make application to have my
registry card transferred from Precinct No to the register of
Precinct No , in the county of , State of
Montana. The reason why it is more convenient for me to vote in said
Precinct No is that
Dated at , on the day of
, 19
The County Clerk shall compare the signature of the elector upon
such request in either case, with the signature upon the registry card
of the elector as indicated, and may question the elector as to any of
the information contained upon such registry card, and if the County
Clerk is satisfied concerning the identity of the elector and his right to
have such transfer made, he shall endorse upon the registry card of
such elector the date of the transfer and the precinct to which trans-
ferred, and shall file said card in the register of the precinct of the
elector's present residence, or of the precinct to which he has requested
that his registry card be transferred, and the County Clerk shall in
each case make a transfer of the elector's name, together with all data
connected therewith, to the proper precinct in the register.
Section 561. If any elector registered as such in any county shall
change his residence to another county in the State of Montana, he shall
make and file with the County Clerk of the latter county the following
affidavit in duplicate, to-wit:
ELECTION LAWS OF MONTANA 33
STATE OF MONTANA, "I
,- ss.
County of J
I, the undersigned elector, being duly sworn on oath say:
I have heretofore registered as an elector in the State of Montana,
County of , Precinct No , but
on the day of , 19 , I
moved my residence to the County of in
said State, and now reside at Section Township
Range Precinct No ; I occupy
Room No of the Building,
floor; I was born in and was naturalized as
a citizen of the United States in My height is
ft in. I request that I be registered to conform to my
present address.
Elector.
Subscribed and sworn to before me this day of
, 19
Said affidavit may be sworn to before any officer authorized to ad-
minister oaths within the State of Montana. Upon filing such affidavit
in duplicate with the County Clei'k, such elector shall fill out a registry
card as herein provided for the original registration of voters, and he
shall thereupon be entitled to all of the rights of an elector in the pre-
cinct of his present residence, and such registry card shall be filed in
the official registry of such precinct in the same manner as an original
registry card.
Upon receiving the duplicate affidavits above referred to the County
Clerk shall file one in his own office, and shall within two days there-
after transmit the other to the County Clerk of the county wherein
said elector was previously registered. Upon the receipt of such duplicate
affidavit by the County Clerk of such other county, he shall transfer the
registry card of the elector named in such affidavit to the cancelled file
of said county. Upon receiving the duplicate affidavit referred to in
this section, the County Clerk shall cancel the name of such elector in the
register herein provided for, by drawing a line through said entry in
red ink and by endorsing thereon the cause of said cancellation.
Section 562. Immediately after evex-y general election, the County
Clerk of each county shall compare the list of electors who have voted
at such election in each precinct, as shown by the official poll-book, with
the official register of said precinct, and he shall remove from the
official register herein provided for the registry cards of all electors who
have failed to vote at such election, and shall mark each of said cards
34 ELECTION LAWS OF MONTANA
with the word "Cancelled," and shall place such cancelled cards for the
•entire county in alphabetical order in a separate drawer to be known as
the "cancelled file;" but any elector whose card is thus removed from
the official register may re-register in the same manner as his original
registration was made, and the registration card of any elector who thus
re-registers shall be filed by the County Clerk in the official register
in the same manner as original registration cards are filed. The County
Clei'k shall at the same time cancel, by drawing a red line through the
entry thereof, the name of all such electors who have failed to vote at
such election.
Section 563. Every citizen of the State of Montana who was engaged
in the active military or naval services of the United States during the
late war, and was duly registered and entitled to vote at the last general
election, and by reason of such sei'vice was unable to vote at such elec-
tion, shall not be considered to have lost any rights by reason thereof,
and the provisions of the preceding section shall not apply.
Section 564. The County Clerk shall, within ten days after the pas-
sage and approval of this Act, withdraw from the "cancelled file" the
registration cards of all persons subject to the provisions of this Act,
and place such cards in the active precinct registration files, and enter
the names of such persons upon the proper registration rolls.
Section 565. Any person subject to the provisions of this Act, whose
name does not appear upon the register of voters for the precinct in
which such person resides, shall be entitled to vote at any election upon
filing with the judges of election an affidavit, showing that he is a
citizen of the State of Montana and was duly registered as an elector
for the general election in 1918, and that by reason of service in the
military or naval service of the United States he was unable to vote at
such election. Upon the filing of such affidavit said judges shall enter the
name of such person upon the register of voters for such precinct and
forward to the County Clerk the affidavit so made. The County Clerk
shall immediately withdraw the registration card of such person from
the "cancelled file," and place the same in the proper precinct file.
Section 566. The County Clerk shall close all registration for the
full period of forty-five days prior to and before any election. He shall
immediately transmit to the Secretary of State a certificate showing
the number of voters registered in each precinct in said county. The
County Clerk of each county must cause to be published in a newspaper
within his county, having a general circulation therein, for thirty days
before which time when such registration shall be closed for any elec-
tion, a notice signed by him to the effect that such registration will be
closed on the day provided by law, and which day shall be specified in
such notice; and must also state that electors may register for the en-
suing election by appearing before the County Clerk at his office, or by
appearing before a deputy registi'ar or before any Notary Public or
Justice of the Peace in the manner provided by law. The publication of
such notice must continue for the full period of thirty days. At least
thirty days before the time when the official register is closed for any
election, the County Clerk shall cause to be posted, in at least five
ELECTION LAWS OF MONTANA 35
conspicuous places in each voting precinct at such election, notice of the
time when the official register will close for such election.
Section 567. The County Clerk shall, at least thirty days preceding
any election, cause to be printed and posted a list of all elctors entitled
to be registered, as shown by the official register of the county, and
who are on the precinct registers as entitled to vote in the several pre-
cincts of such county, city or town, or school district of the first class.
Such printed list of registered electors shall contain the name of the
elector in full, together with his residence, giving the number and street,
or the name of the house, or the section, township and range, as shown
by the official register card of the elector, and the registry number. The
expense of printing said list shall be paid by said county, city or town,
or school district in which the election is to be held. The County Clerk
shall cause to be posted, not less than thirty days before any such elec-
tion, as in this Act provided for, at least five copies of such printed
registry list in at least five conspicuous places within the said precinct,
a copy of the list of registered voters herein pi'ovided for, and shall
retain sufficient number of said printed lists of registered voters in his
office as may be necessary for the convenience of the public. He shall
furnish to any qualified elector of any county, city or town or school
district applying therefor a copy of the same provided that where the
list herein provided for has been printed and posted for any primary
election, the same may be used for the election proper following by
posting in connection therewith at the time provided for in this section
a supplemental list giving the names of electors who may have registered
after the first list was prepared.
Section 568. During the time intervening between the closing of the
official register and the day of the ensuing election, the County Clerk
shall prepare for each precinct a book to be known as the "poll-book,"
which shall be for the use of the clerks and judges of election in each
such precinct. Such books shall be arranged for the listing of the names
of the electors in alphabetical divisions, each division to be composed of
ruled columns with appropriate headings, under which the information
contained upon the registry card of each elector shall be transci-ibed,
excepting the oath of the elector, and the certified copy of the poll-books
so prepared shall be delivered to the judges of the election at or prior
to the opening of the polls in each precinct. Where the precincts in mu-
nicipal elections, or in elections in school districts of the first class,
include more than one county precinct, the County Clerk shall combine
into one poll-book the names of all electors in the several precinct
registers of the precincts of which such municipal or school district
precinct is composed. The County Clerk shall omit from the list of names
of all certified voters so inserted in the poll-book herein provided for,
the names and registry of all electors which it is the duty of the County
Clerk to cancel under the provisions of Section 570, provided that the
requirements contained in the provisions of said section shall have been
brought to the attention of the County Clerk not less than twenty days
preceding the election.
36 ELECTION LAWS OF MONTANA
Section 569. Whenever the period during which the official registry
is closed preceding any election shall occur during the time within which
any elector is entitled to register for another election, such elector shall
be permitted to register for such other election, but the County Clerk
shall retain his registi'y card in a separate file until the official register
is again open for filing of cards, at which time all cards in such
temporary file shall be placed in their proper position in the official
register.
Section 570. The County Clerk must cancel any registry card in the
following cases:
1. At the request of the party registered.
2. When he has personal knowledge of the death or removal from
the county of the person registered, or when duly authenticated certifi-
cate of the death of any elector is filed in his office.
3. When there is presented and filed with the County Clerk the
separate affidavit of three qualified registered electors residing within
the precinct, which affidavit shall give the name of such elector, his
registry number, and his residence, and which affidavit shall show that
of the personal knowledge of the affiant, that any person registered
does not reside or has removed from the place designated as the resi-
dence of such elector.
4. When the insanity of the elector is legally established.
5. Upon the production of a certified copy of a final judgment of
conviction of any elector of felony.
6. Upon the production of a certified copy of the judgment of any
court directing the cancellation to be made.
Section 571. The County Clerk shall receive, for the use and benefit
of the county, from every city or town, or from every school district
of the first class, to which the poll-books referred to in the last section
have been furnished, the sum of five cents for each and every name
entered in such poll-books, and in addition he shall receive in like man-
ner the amount of the actual expense incurred in printing and posting
the lists of electors, and in publishing the notices required by this law,
and any other expense incurred on account of any such municipal or
school district election. It shall be the duty of the city or town council,
or board of school trustees, to order a warrant drawn for such sum as
may be due to the County Clerk under the provisions of this section,
within thirty days after the presentation of the account to them by said
County Clerk.
Section 572. The County Clerk shall furnish to any person or per-
sons who in writing may so request, a copy of the official precinct
registers of any county, city or school district precinct, and upon delivery
thereof shall charge and collect for the use and benefit of the county the
sum of five cents for each and every name entered in such official pre-
cinct register.
Section 573. At any time not later than the tenth day prior to any
election, a challenge may be filed with the County Clerk, signed by a
qualified elector in writing, and duly verified by the affidavit of the
elector, that the elector designated therein is not entitled to register.
ELECTION LAWS OF MONTANA 37
Such affidavit shall state the grounds of challenge, objection and dis-
qualification. The County Clerk shall file the affidavit of challenge in
his office as a record thereof. The County Clerk must deliver a true
and correct copy of any and all of such affidavits so filed, challenging
the right of any elector to vote who has been so registered at the same
time, and together with the copy of the precinct registers and check
lists, and other papers required by this Act to be delivered to the judges
of election, as in this Act provided, and he must write distinctly opposite
to the name of any person to whose qualification as an elector objections
may be thus made, the words "To be challenged." It shall be the duty
of the judges of election, if on election day such person who has been
objected to and challenged applies to vote, to test, under oath, his quali-
fications. Notwithstanding the elector is registered, his right to vote
may be challenged on the day of election by any qualified registered
elector, orally stating, to the judges of election, the grounds of such
objection or challenge to the right of any registered elector to vote.
It is the duty of the judges of election, when it appears that any
elector offers to vote and is either challenged by a duly qualified reg-
istered elector, on election day, or if an affidavit of objection to the
right of such elector to vote has been filed with the County Clerk and
the copy of the precinct registers furnished to the judges of election
have endorsed thereon, opposite to the name of such elector, "to be
challenged," to test the qualifications of the elector and ask any ques-
tions that such judges may deem proper, and shall compare the answers
of the elector to such questions with the entries in the precinct register
books, and if it be found that said elector is disqualified, or that the
answers given by such elector to the questions propounded by the judges
do not correspond to the entry in the precinct registers, or that said
elector is disqualified from any cause under the law, or if he refuses to
take an oath as to his qualifications, he shall not be permitted to vote.
The judges of election, in their discretion, may require such elector to
produce before them one or more freeholders of the county, as they may
deem necessary, and have them examined under oath as to the qualifica-
tions of the elector.
Section 574. For the purpose of registration or voting, the place of
residence of any person must be governed by the following rules as far
as they are applicable:
1. That place must be considered and held to be the residence of a
person in which his habitation is fixed, and to which, whenever he is
absent, he has the intention of returning.
2. A person must not be held to have gained or lost a residence by
reason of his presence or absence while employed in the service of the
United States, or of this State, nor while a student at any institution
of learning, nor while kept at any alms-house or other asylum at the
public expense, nor while confined in any public prison, nor while residing
on any military reservation.
3. No soldier, seaman, or marine in the army or navy of the United
States shall be deemed a resident of this State in consequence of being
stationed at any military or naval place within the same.
38 ELECTION LAWS OF MONTANA
4. A person must not be considered to have lost his residence who
leaves his home to go into another state, or other district of this State,
for temporary purposes merely with the intention of returning, provided
he has not exercised the right of the election franchise in said state or
district.
5. A person must not be considered to have gained a residence in
any county into which he comes for temporary purposes merely without
the intention of making such county his home.
6. If a person removes to another state with the intention of making
it his residence, he loses his residence in this State.
7. If a person removes to another state with the intention of remain-
ing there for an indefinite time, and as a place of present residence, he
loses his residence in this State, notwithstanding he entertains an inten-
tion of returning at some future period.
8. The place where a man's family resides is presumed his place of
residence, but any man who takes up or continues his abode with the
intention of remaining, or a place other than where his family resides,
must be regarded as a resident of the place where he so abides.
9. A change of residence can only be made by the act of removal
joined with the intent to remain in another place. There can only be
one residence. A residence cannot be lost until another is gained.
10. The terms of residence must be computed by including the day
of the election.
Section 575. When a naturalized citizen applies for registration his
certificate of naturalization, or a certified copy thereof, must be pro-
duced and stamped, or written in ink by the registry agent, with such
registry agent's name and the year and day and county where pre-
sented; but if it satisfactorily appears to the registry agent, by the
affidavit of the applicant (and the affidavit of one or more credible
electors as to the credibility of such applicant when deemed necessary),
that his certificate of naturalization, or a certified copy thereof, is
lost or destroyed, or beyond the reach of the applicant for the time
being, said registry agent must register the name of said applicant,
unless he is by law otherwise disqualified; but in case of failure to pro-
duce the certificate of naturalization, or a certified copy thereof, the
registry agent must propound the following questions:
1. In what year did you come to the United States?
2. In what state or territory, county, court, and year were you
finally admitted to citizenship ?
3. Where did you last see your certificate of naturalization, or a
certified copy thereof?
Section 576. The judges of election in each precinct, at every general
or special election, shall, in the precinct register book, which shall be
certified to them by the County Clerk, mark a cross (X) upon the
line opposite to the name of the elector, before any elector is permitted
to vote, the judges of election shall require the elector to sign his name
upon one of the precinct register books, designated by the County Clerk
for that purpose, and in a column reserved in the said precinct books for
the signature of electors. If the elector is not able to sign his name he
ELECTION LAWS OF MONTANA 39
shall be required by the judges to produce two freeholders who shall
make an affidavit before the judges of election, or one of them, in sub-
stantially the following form:
STATE OF MONTANA, |
County of j
We, the undersigned witnesses, do swear that our names and signa-
tures are genuine, and that we are each personally acquainted with
, (the name of the elector)
and that we know that he is residing at ,
and that we believe that he is entitled to vote at this election, and that
we are each freeholders in the county. Which affidavit shall be filed by
the judges, and returned by them to the County Clerk, with the return
of the election; one of the judges shall thereupon write the elector's
name, and note the fact of his inability to sign, and the names of the
two freeholders who made the affidavit herein provided for. If the
elector fails or refuses to sign his name and if unable to write fails to
procure two freeholders who will take the oath herein provided, he shall
not be allowed to vote. Immediately after the election and canvass of
the returns, the judges of election shall deliver to the County Clerk the
copy of said official precinct register sealed, with the election returns
and poll-book, which have been used at said election.
Section 577. In any action or proceeding instituted in a district court
to compel the County Clerk to make and enter the name of any elector
in the precinct register, as many persons may be joined as plaintiffs
for cause of action and as many persons as there are causes of action
against may be joined as defendants.
Section 578. No person shall be entitled to vote at any election
mentioned in this Act unless his name shall on the day of election,
except at school election in school districts of the second and third class,
appear in the copy of the official precinct register furnished by the
County Clerk to the judges of election, and the fact that his name so
appears in the copy of the precinct register shall be prima facie evidence
of his right to vote; provided, that when the judges shall have good
reason to believe, or when they shall be informed by a qualified elector
that the person offering to vote is not the person who was so registered
in that name, the vote of such person shall not be received until he
shall have proved his identity as the person who was registered in
that name by the oath of two reputable freeholders within the precinct
in which such elector is registered.
Section 579. Any elector whose name is erroneously omitted from
any precinct poll-book may apply for and secure from the County Clerk
a certificate of such error, and stating the precinct in which such elector
is entitled to vote, and upon the presentation of such certificate to the
judges of election in such precinct, the said elector shall be entitled
to vote in the same manner as if his name had appeared upon the precinct
poll-book. Such certificate shall be marked "voted" by the judges, and
shall be returned by them with the poll-book.
40 ELECTION LAWS OF MONTANA
Section 580. Wherever in this Act the word "Ck)unty Clerk" appears,
it shall be construed as extending and giving authority to any regularly
appointed Deputy County Clerk.
Section 581. The v^^ord "elector" as used in this law, whether used
with or without the masculine pronoun, shall apply equally to male and
female electors.
Section 582. The word "election" as used in this law where not
otherwise qualified, shall be taken to apply to general, special, primary
nominating and municipal elections, and to elections in school districts of
the first class.
Section 583. Any person or persons, or any officer of any county,
city or town, or school district, who, under the provisions of this Act, are
required to perform any duty, who shall wilfully or knowingly fail,
refuse or neglect to perform such duty, or to comply with the provisions
of this Act, shall, upon conviction, be fined in the sum of not less than
Three Hundred Dollars, nor more than One Thousand Dollars, or by
imprisonment in the county jail for a period of not less than three months
and no more than one year. Upon the conviction of any officer of the
violation of the provisions of this Act, the Judge of the District Court
hearing such proceeding shall, at the time of rendering judgment of
conviction, include in such order of conviction an order of the court
that such officer be removed from office.
Section 584. If any person offering to vote at any primary election
be challenged by a judge or any qualified elector at said election, as
to his right to vote thereat, an oath shall be administered to him by one
of the judges that he will truly answer all questions touching his right
to vote at such election, and if it appear that he is not a qualified voter
under the provisions of this Act, his vote shall be rejected; and if any
person whose vote shall be so rejected shall offer to vote at the same
election, at any other polling place, he shall be deemed guilty of a
misdemeanor.
Section 585. Any person who shall make false answers, either for
himself or another, or shall violate or attempt to violate any of the
provisions of this Act, or knowingly encourage another to violate the
same, or any public officer or officers, or other persons upon whom any
duty is imposed by this Act, or any of its provisions, who shall wilfully
neglect such duty, or shall wilfully perform it in such way as to hinder
the objects and purposes of this Act, shall, excepting where some penalty
is provided by the terms of this Act, be deemed guilty of a felony, and
upon conviction thereof shall be punished by imprisonment in the State
prison for a period of not less than one year or more than fourteen years,
and if such person be a public officer, shall also forfeit his office.
Section 586. It shall be the duty of the Board of County Commis-
sioners of each county to provide the County Clerk thereof with sufficient
help to enable him to properly perform the duties imposed upon him by
this Act, and the cost of the stationery, printing, publishing, and posting
to be furnished or procured by the County Clerk by the pi'ovisions of this
law shall be a proper charge upon the county.
ELECTION LAWS OF MONTANA 41
JUDGES AND CLERKS OF ELECTION
Section 587. The Board of County Commissioners of the several
counties at the regular session next preceding a general election, must
appoint five judges of election for each precinct in which the voters
therein, by the last registration, were two hundred or more and three
judges of election for each precinct in which such registration was less
than two hundred, as amended by Chapter 43, Laws of 1923.
Section 588. The Board of County Commissioners, notwithstanding
the registration, may appoint five judges of each precinct in which upon
information obtained by them they have reason to believe contains two
hundred voters or more and three judges of election in precincts which
upon information obtained by them, they have reason to believe was
less than two hundred, as amended by Chapter 43, Laws of 1923.
Section 589. In any new precinct established, the Board of County
Commissioners must, in like manner, appoint five or three judges of
election, according to the estimated number of voters therein, as required
by the two next preceding sections.
Section 590. In making the appointment of judges of election, not
more than a majority of such judges must be appointed from any one
political party for each precinct.
Section 591. The compensation of members of boards of election,
including judges and clerks, is hereby fixed at forty cents per hour for
the time actually on duty, and must be audited by the Board of County
Commissioners and paid out of the county treasury.
Section 592. The clerk of the board must make out and forward by
mail, immediately after the appointment of the judges, a notice thereof
in writing, directed to each of them. In case there is no postoffice in
any one or more of the precincts in any county, the clerk must forward
notices of such appointment by registered mail to the postoffice nearest
such precinct, directed to the judges aforesaid. If, in any of the precincts,
any of the judges refuse or neglect to serve, the electors of such precinct
may elect a judge or judges to fill vacancies on the morning of the
election, to serve at such election.
Section 593. The judges must elect two persons having the same
qualifications as themselves to act as clerks of the election. The judges
continue judges of all elections to be held in their respective precincts
until other judges are appointed; and the clerks of election continue
to act as such during the pleasure of the judges of election, and the
Board of County Commissioners must from time to time fill vacancies
which may occur in the office of judges of election in any precinct
within their respective counties.
Section 594. The clerks of the several Boards of County Commis-
sioners must, at least thirty days before any general election, make and
forward by mail to such judge or judges as are designated by the County
Commissioners, three written notices for each precinct, said notices to
be substantially as follows:
42 ELECTION LAWS OF MONTANA
Notice is hereby given that on the first Tuesday after the first
Monday of November, 19 , at the house , in the county of
, an election will be held for (nam-
ing the offices to be filled, including electors of President and Vice-
President, a Representative in Congress, State, county and township
officers), and for the determination of the following questions (naming
them) , the polls of which election will be open at 8 o'clock in the morning
and continue open until 6 o'clock in the afternoon of the same day. Dated
this day of , A. D. 19
Signed, A. B., Clerk of the Board of County Commissioners.
Section 595. The judges to whom such notice is directed, as provided
in the next preceding section, must cause to be put up in three of the
most public places in each precinct the notices of election in such precinct,
at least ten days previous to the time of holding any general election,
which notices must be posted as follows: One at the house where the
election is authorized to be held, and the others at the two most public
and suitable places in the precinct.
Section 596. Previous to votes being taken, the judges and clerks
of election must take and subscribe the official oath prescribed by the
constitution. It is lawful for the judges of election, and they are hereby
empowered, to administer the oath to each other, and to the clerks of
the election.
Section 597. Any member of the board, or either clerk thereof, may
administer and certify oaths required to be administered during the
progress of an election.
ELECTION SUPPLIES
Section 598. The Board of County Commissioners of each county
must furnish for the several election precincts in each county poll-books
after the forms hereinafter prescribed.
Section 599. The clerk of the board must forward by mail, as a
registered package, to one of the judges of election so appointed, in
each precinct, at least ten days prior to any general election and five days
prior to any special election, two of such blank poll-books for the use
of the judges of such precinct.
Section 600. The following is the form of poll-books to be kept in
duplicate by the judges and clerks of election:
ELECTION LAWS OF MONTANA
43
Poll-Book of Precinct No.
Number and names of electors voting.
No.
NAME
No.
NAME
No.
NAME
Total number of votes cast at Precinct No
We, the undersigned, judges and clerks of an election held at Precinct
No , in the County of , in the State
of Montana, on the day of , 19 ,
having first been severally sworn according to law, hereby certify that
the foregoing is a true statement of the number and names of the persons
voting at said precinct at said election, and that the following named
persons received the number of votes annexed to their respective names
for the following described offices to-wit:
Governor
Members of Legislative Assembly
A. B.,-
C. D.,-
- Votes Senate' House of Representatives
-Votes E. F., Votes G. H., Votes
Certified and Signed by Us.
~ [ Clerks.
Judges.
Section 601. No poll-book or certificate returned from any election
precinct must be set aside or rejected for want of form, nor on account
of its not being strictly in accordance with the directions of this chapter,
if it can be satisfactorily understood.
Section 602. The necessary printed blanks for poll lists, tally lists,
lists of electors, tickets, and returns, together with envelopes in which
to enclose the returns, must be furnished by the Boards of County Com-
missioners to the officers of each election precinct at the expense of the
county.
Section 603. Before the opening of the polls, the County Clerk, or
the City Clerk in the case of municipal elections, must deliver to the
judges of each election precinct which is within the county (or within
the municipality in case of municipal election) and in which the election
44 ELECTION LAWS OF MONTANA
is to be held, at the polling place of the precinct, the proper number of
election ballots as provided for in section 687 of this Code. He must also
deliver to said judges a rubber or other stamp, with ink pad, for the
purpose of stamping or designating the official ballots as hereinafter
provided. Said stamp must contain the words "Official Ballot," the
name or number of the election precinct, the name of the county, the
date of the election, and name and official designation of the clerk who
furnishes the ballots. The judge of election to whom the stamps and
ballots are given pursuant to this section must be the same person who
may be designated by the commissioners to post the notices required by
section 594 of this Code. But in case it be impracticable to deliver such
stamps and ballots to such judge then they may be delivered to some
other one of the judges of election.
Section 604. There shall be provided at the expense of the county,
for each polling precinct, a substantial ballot box or canvas pouch with
a secure lock and key for the ballots and detached stubs as hereinafter
provided for. There shall be one opening and no more in such box or
canvas pouch, of sufficient size to admit a single folded ballot. The
adoption of the canvas pouch to be used instead of the ballot box, in any
precinct, shall be optional with the commissioners of each county, but in
such precincts where pouches are so adopted, the pouches shall be re-
turned to the County Clerk together, with the other election returns, as
by law provided.
Section 605. There must be an opening in the lid of such box of no
larger size than shall be sufficient to admit a single folded ballot.
Section 606. Before receiving any ballots, the judges must, in the
presence of any persons assembled at the polling place, open and exhibit
the ballot-box and remove any contents therefrom, and then close and
lock the same, delivering the key to one of their members, and thereafter
the ballot-box must not be removed from the polling place or presence
of the bystanders until all the ballots are counted, nor must it be opened
until after the polls are finally closed.
Section 607. The County Clerk of each county must cause to be
printed in large type on cards, in the English language, instructions
for the guidance of electors in preparing their ballots. He must furnish
six cards to the judges of election in each election precinct, and one
additional card for each fifty registered electors, or fractional part
thereof, in the precinct, at the same time and in the same manner as
the printed ballots. The judges of election must post not less than one
of such cards in each place or compartment provided for the preparation
of ballots, and not less than three of such cards elsewhere in and about
polling places upon the day of election. Said cards must be printed in
large, clear type, and must contain full instructions to the voters as to
what should be done, viz.:
1. To obtain ballots for voting.
2. To prepare the ballots for deposit in the ballot boxes.
3. To obtain a new ballot in the place of one spoiled by accident or
mistake. Said card must also contain a copy of sections 10753, 10757,
10758, 10759, 10760, 10761 of the Penal Code. There must also be posted
ELECTION LAWS OF MONTANA 45
in each of the compartments, or booths, one of the official tickets, as
provided in sections 677 to 686, without the official stamp, and not less
than three such tickets posted elsewhere in and about the polling places
upon the day of election.
Section 608. In sending out election supplies to each precinct for
each general election, it shall be the duty of the County Clerk in each
county to send with such supplies not less than six printed forms, with
a return envelope, for the use of judges of election in transmitting elec-
tion returns for public information. Said printed forms shall be in ballot
form on tinted paper, and the name of each candidate and each proposi-
tion voted on shall be printed on said blank. Brief instructions for the
use of said blank, as contained in this Act, shall also be printed on
said blank.
Section 609. As soon as all of the ballots have been counted in any
precinct, it shall be the duty of the election judges to correctly copy the
total vote cast for each candidate and the total vote cast for and against
each proposition on the blanks furnished by the County Clerk, as
provided in the preceding section.
Section 610. One of said blanks, properly filled out, shall be posted
forthwith at the polling place; and one copy, correctly filled out, shall
be sent by mail or by messenger, when the same can be done without
expense, to the County Clerk. Said copy may be sent by the same mes-
senger carrying the official election returns, but the same shall not be
enclosed or sealed with the other returns.
Section 611. Any judge of election, or other officer, who shall fail
or refuse to comply with the provisions of this Act, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined in
any sum not exceeding Fifty Dollars.
NOMINATION OF CANDIDATES FOR SPECIAL ELECTIONS BY
CONVENTION OR PRIMARY MEETING OR BY ELECTORS
Section 612. Any convention or primary meeting held for the pur-
pose of making nominations to public office, or the number of electors
required in this chapter, may nominate candidates for public office to be
filled by election in the State. A convention or primary meeting within
the meaning of this chapter is an organized assemblage of electors or
delegates representing a political party or principle.
Section 613. All nominations made by such convention or primary
meeting must be certified as follows: The certificate of nomination,
which must be in writing, must contain the name of each person nomi-
nated, his residence, his business, his business address, and the office
for which he is named, and must designate, in not more than five words,
the party or principle which such convention or primary meeting repre-
sents, and it must be signed by the presiding officer and secretary of
such convention or primary meeting, who must add to their signatures
their respective places of residence, their business, and business ad-
dresses. Such certificates must be delivered by the secretary or the
president of such convention or primary meeting to the Secretary of the
State or to the County Clerk, as in this chapter required.
46 ELECTION LAWS OF MONTANA
Section 614. Cei'tificates of nomination of candidates for offices to
be filled by the electors of the entire State, or of any division or district
greater than a county, must be filed with the Secretary of State. Cer-
tificates of nomination for county, township, and precinct officers must
be filed with the clerks of the respective counties wherein the officers
are to be elected. Certificates of nomination for municipal officers must
be filed with the clerks of the respective municipal corporations wherein
the officers are to be elected. The certificate of nomination of joint
member of the House of Representatives must be filed in the offices of
the County Clerks of the counties to be represented by such joint member.
Section 615. Candidates for public office may be nominated other-
wise than by convention or primary meeting in the manner following:
A certificate of nomination, containing the name of a candidate for
the office to be filled, with such information as is required to be given
in certificates provided for in section 613, must be signed by electors
residing within the State and district, or political division in and for
which the officer or officers are to be elected, in the following required
numbers:
The number of signatures must not be less in number than five per
cent of the number of votes cast for the successful candidate for the
same office at the next preceding election, whether the said candidate
be State, county, township, municipal, or any other political division or
subdivision of State or county; but the signatures need not all be ap-
pended to one paper. Each elector signing a certificate shall add to his
signature his place of residence, his business, and his business address.
Any such certificate may be filed as provided for in the next preceding
section of this chapter, in the manner and with the same effect as a
certificate of nomination made by a party convention or primary meeting.
Section 616. No certificate of nomination must contain the name of
more than one candidate for each office to be filled. No person must join
in nominating more than one person for each office to be filled, and no
person must accept a nomination to more than one office.
Section 617. The Secretary of State and the clerks of the several
counties and of the several municipal corporations must cause to be
preserved in their respective offices for one year all certificates of nomi-
nation filed under the provisions of this chapter. All such certificates
must be open to public inspection under proper i-egulations to be made
by the officers with whom the same are filed.
Section 618. Certificate of nomination to be filed with the Secretary
of State must be filed not more than sixty (60) days and not less than
thirty (30) days before the date fixed by law for the election. Certificates
of nomination herein directed to be filed with the County Clerk must
be filed not more than sixty (60) days and not less than thirty (30)
days before the election; certificates of the nomination of candidates
for municipal offices mu^t be filed with the clerks of the respective
municipal corporations not more than thirty (30) days and not less than
ten days previous to the day of election; but the provisions of this section
shall not be held to apply to nominations for special elections to fill
vacancies, as amended by Chapter 64, Laws of 1925.
ELECTION LAWS OF MONTANA 47
Section 619. Not less than twenty-five nor more than forty days
before an election to fill any public office, the Secretary of State must
certify to the County Clerk of each county within which any of the
electors may by law vote for candidates for such office, the name and
description of each person nominated, as specified in the certificates of
nomination filed with the Secretary of State, as amended by Chapter 58,
Laws of 1925.
Section 620. Whenever any pei'son nominated for public office, as
in this chapter provided, shall at least twenty days before election,
except in the case of municipal elections, in writing, signed by him,
notify the office with whom the certificate nominating him is by this
chapter to be filed, that he declines such nomination, such nomination
shall be void. In municipal elections, such declination shall be made at
least five days before the election. As amended by Chapter 15, Laws of
1925.
Section 621. If any person so nominated dies before the printing of
the tickets, or declines the nomination as in this chapter provided, or if
any certificate of nomination is or becomes insufficient or inoperative
from any cause, the vacancy or vacancies thus occasioned may be filled
in the manner required for original nomination. If the original nomina-
tion was made by a party convention which had delegated to a committee
the power to fill vacancies, such committee may, upon the occurring
of such vacancies, proceed to fill the same. The chairman and secretary
of such committee must thereupon make and file with the proper officer
a certificate setting forth the cause of the vacancy, the name of the
person nominated, the office for which he was nominated, the name of
the person for whom the new nominee is to be substituted, the fact that
the committee was authorized to fill vacancies, and such further informa-
tion as is required to be given in an original certificate of nomination.
The certificate so made must be executed in the manner prescribed for
the original certificate of nomination, and has the same force and effect
as an original certificate of nomination. When such certificate is filed
with the Secretary of State, he must, in certifying the nominations to
the various County Clerks, insert the name of the person who has thus
been nominated to fill a vacancy in place of the name of the original
nominee. And in the event he has already transmitted his certificate, he
must forthwith certify to the clerks of the proper counties the name and
description of the person so nominated to fill a vacancy, the office he
is nominated for, the party or political principle he represents and the
name of the person for whom such nominee is substituted.
Section 622. Whenever it appears by affidavit that an error or
omission has occurred in the publication of the name or description of a
candidate nominated for office, or in the printing of the ballots, the
District Court of the county may, upon application of any elector, by
order require the County or Municipal Clerk to correct such error, or to
show cause why such error should not be corrected.
Section 623. No person shall be entitled to vote at any caucus, pri-
mary meeting, or election, held by any political party, except he be an
elector of the state and county within which such caucus, primary meet-
48 ELECTION LAWS OF MONTANA
inpr, or election is held, and a legal resident of the precinct or district
within which such caucus, primary meeting, or election is held, and the
limits of which said precinct or district are fixed and prescribed by the
regularly chosen and recognized representatives of the party issuing the
call for such caucus, primary meeting, or election.
Section 624. No person shall be entitled to vote at any caucus, pri-
mary meeting, or election, who is not identified vnth the political party
holding such caucus, primary meeting, or election, or who does not intend
to act with such political party at the ensuing election, whose candidates
are to be nominated at such caucus or primary meeting. And no person,
having voted at any primary meeting or election of any political party
whose candidates are to be or have been nominated, shall be permitted
to vote at the primary meeting or election of any other political party
whose candidates are to be or have been nominated, and to be voted for
at the same general or special election.
Section 625. Three judges, who shall be legal voters in the precinct
where such caucus or primary meeting is held, shall be chosen by the
qualified voters of said precinct or district, who are present at the
opening of such caucus or primary meeting, and said judges shall be
empoM-^ered to administer oaths and affirmations, and they shall decide
all questions relating to the qualifications of those voting or offering
to vote at such caucus or primary meeting, and they shall correctly
count all votes cast and certify the results of the same.
Section 626. The judges shall select one of their number who shall
act as clerk, and the clerk must keep a true record of each and every
person voting, with their residence, giving the street and number and
postoffice address.
Section 627. Any qualified voter may challenge the right of any
person offering to vote at such caucus or primary meeting, and in the
event of such challenge, the person challenged shall swear to and sub-
scribe an oath administered by one of the judges, which oath shall be
substantially as follows:
"I do solemnly swear that I am a citizen of the United States, and
am an elector of this county and of this precinct where this primary is
now being held, that I have been and now am identified with the party
or that it is my intention bona fide to act with the party, and identify
myself with the same at the ensuing election, and that I have not voted
at any primary meeting or election of any other political party whose
candidates are to be voted for at the next general election or special
election."
If the challenged party takes the oath above prescribed he is entitled
to vote; provided, in case a person taking the oath as aforesaid shall
intentionally make false answers to any questions put to him by any
one of the judges concerning his right to vote at such caucus or primary
meeting or election, he shall, upon conviction be deemed guilty of perjury,
and shall be punished by imprisonment in the penitentiary for a term
of not less than one year nor more than three years.
Section 628. It shall be unlawful for any judge of any caucus or
primary meeting or primary election to knowingly receive the vote of
ELECTION LAWS OF MONTANA 49
any person whom he knows is not entitled to vote, or to fraudulently or
wrongfully deposit any ballot or ballots in the ballot box, or take any
ballot or ballots from the ballot box of said caucus or primai-y election,
or fraudulently or wrongrfully mix any ballots with those cast at such
caucus or primary election, or knowingly make any false count, canvass,
statement, or return of the ballots cast or vote taken at such caucus or
primary election.
Section 629. No person shall, by bribery or other improper means or
device, directly or indirectly, attempt to influence any elector in the
casting of any ballot at such caucus or primary meeting, or deter him
in the deposit of his ballot, or interfere or hinder any voter at such
caucus or primary meeting in the full and free exercise of his right of
suffrage at such caucus or primary meeting.
Section 630. Any person or persons violating any of the provisions
of this Act, except as provided in section 627, shall be guilty of a mis-
demeanor and upon conviction thereof shall be punished by a fine of not
less than Fifty Dollars, nor more than Two Hundred and Fifty Dollars,
or by imprisonment in the county jail not less than three months nor
more than twelve months, or by both such fine and imprisonment, in
the discretion of the court.
(See also Direct Primaries.)
PARTY NOMINATIONS BY DIRECT VOTE— THE DIRECT PRIMARY
Section 631. Whenever the provisions of this law in operation prove
to be of doubtful or uncertain meaning, or not sufficiently explicit in
directions and details, the general laws of Montana, and especially the
election and registration laws, and the customs, practice, usage, and
forms thereunder, in the same circumstances or under like conditions,
shall be followed in the construction and operation of this law, to the
end that the protection of the spirit and intention of said laws shall be
extended so far as possible to all primary elections, and especially to
all primary nominating elections provided for by this law. If this pro-
posed law shall be approved and enacted by the people of Montana, the
title of this bill shall stand as the title of the law.
Section 632. On the third Tuesday of July preceding any general
election (not including special elections to fill vacancies, municipal elec-
tions in towns and cities, irrigation district and school elections) at which
public officers in this state and in any district or county are to be elected,
a primary nominating election shall be held in accordance with this law
in the several election precincts comprised within the territory for which
such officers are to be elected at the ensuing election, which shall be
known as the primary nominating election, for the purpose of choosing
candidates by the political parties, subject to the provisions of this law,
for Senator in Congress, and all other elective State, district and county
officers, and delegates to any constitutional convention or conventions
that may hereafter be called, who are to be chosen, at the ensuing elec-
tion wholly by electors within this State, or any subdivision of this State,
and also for choosing and electing county central committeemen by the
several parties subject to the provisions of this law.
As amended by Chapter 3, Laws of 1927.
50 ELECTION LAWS OF MONTANA
Section 633. It shall be the duty of the County Clerk, thirty days
before any primary nominating election, to prepare printed notices of
such election, and mail two of said notices to each judge and clerk of
election in each precinct; and it shall be the duty of the several judges
and clerks immediately to post said notice in public places in their
respective precincts. Said notices shall be substantially in the following
form:
Primary Nominating Election Notice
Notice is hereby given that on , the
day of , 19 , at the , in the
Precinct of , , in the County of ,
Montana, a primary nominating election will be held at which the (insert
names of political parties subject to this law) will choose their candidates
for State, district, county, precinct and other offices, namely (here
name the offices to be filled, including a Senator in Congress when the
next Legislative Assembly is to elect a Senator, delegates to any con-
stitutional convention then called, and candidates for county central com-
mitteemen to be elected) ; which election will be held at 12 o'clock, noon,
and will continue until 7 o'clock in the afternoon of said day.
Dated this day of , 19
, County Clerk.
Section 634. The nomination of candidates for municipal offices by
the political parties subject to the provisions of this law shall be governed
by this law in all incorporated towns and cities of this State having a
population of thirty-five hundred and upward as shown by the last pre-
ceding national or State census. All petitions by the members of such
political parties for placing the names of candidates for nomination for
such municipal offices on the primary nominating ballots of the several
political parties shall be filed with the city clerk of said several towns
and cities, and it shall be the duty of such officers to prepare and issue
notices of election for such primary nominating elections in like manner
as the several county clerks perform similar duties for nomination by
such political parties for county offices at primary nominating elections.
The duties imposed by this law on the county clerks at primary nomi-
nating elections are hereby, as to said towns and cities, designated to
be the duties of the city clerk of said towns and cities as to primary
nominating elections of the political parties subject to the provisions of
this law, provided, that in cities and towns the primary nominating elec-
tion shall be held on the fourteenth day preceding their municipal elec-
tions. Under the provisions of this law the lawfully constituted legislative
and executive authorities of cities and towns within the provisions of this
section shall have such power and authority over the establishing of
municipal voting precincts and wards, municipal boards of judges and
clerks of election and other officers of their said municipal election, and
other matters pertaining to municipal primary nominating elections re-
quired for such cities and towns by this law, such legislative and execu-
tive authorities have over the same matter at their municipal elections
for choosing the public officers of said cities and towns.
ELECTION LAWS OF MONTANA 61
Section 635. This Act is declared to be an emergency law, and a
law necessary for the immediate preservation of the public peace and
safety.
Section 636. Immediately after the closing of the polls at a primary
nominating election, the clerks and judges of election shall open the
ballot-boxes at each polling place and proceed to take therefrom the
ballots. Said officers shall count the number of ballots cast by each
political party, at the same time bunching the tickets cast for each
political party together in separate piles, and shall then fasten each pile
separately by means of a brass clip, or may use any means which shall
effectually fasten each pile together at the top of each ticket. As soon
as the clerks and judges have sorted and fastened together the ballots
separately for each political party, then they shall take the tally sheets
provided by the County Clerk and shall count all the ballots for each
political party separately until the count is completed, and shall certify
to the number of votes for each candidate for nomination for each
office upon the ticket of each party. They shall then place the counted
ballots in a box. After all have been counted and certified to by the
clerks and judges they shall seal the returns for each of said political
parties in separate envelopes, to be returned to the County Clerk.
Section 637. Tally sheets for each political party having candidates
to be voted for at said primary nominating election shall be furnished
for each voting precinct by the County Clerk, at the same time and in
the same manner that the ballots are furnished and shall be substantially
as follows:
Tally sheet of the primary nominating election for
(name of political party) held at precinct, in the County
of , on the day of
, 19
The names of the candidates shall be placed on the tally sheets and
numbered in the order in which they appear on the official and sample
ballots, and in each case shall have the proper political party designated
at the head thereof.
The following shall be the form of the tally sheets kept by the judges,
and clerks of the primary nominating election under this law, containing
the number and name of each person voted for, the particular office for
nomination to which each person was voted for, the total number of
votes cast for each candidate for nomination. The tally or count as it is
kept by each of the clerks shall be audibly announced as it proceeds, and
shall be kept in the manner and form as follows:
52
ELECTION LAWS OF MONTANA
No. 1 Name of Candidate Office "^RecLi^ed*"
No. Tally 5 STo. Tally 10 Tally 15
12
12
13
14
12
13
14
12
13
14
13
14
The columns for the numbers 12, 13, 14, etc., shall not be over three-
eighths of an inch wide. The columns for the tallies shall be three-eighths
of an inch wide, the lines shall be three-eighths of an inch apart; every
ten lines the captions of the columns shall be reprinted between double-
ruled lines in bold-face small pica, and all figures shall be printed in
bold-face small pica. The tally sheets shall conclude with the following
form of certificate:
We hereby certify that at the above primary nominating election and
polling place each of the foregoing named persons received the number
of votes set oposite his name, as above set forth, for the nomination for
the office specified.
., Chairman
, Clerk
(Who kept this sheet.)
., Judge
Clerk
., Judge
, Clerk
(Who kept the other sheet.)
During the counting of the ballots each clerk shall, with pen and ink,
keep tally upon one of the above tally sheets, of each political party,
and shall total the number of tallies and write the total in ink immedi-
ately to the right of the last tallies for each candidate, and also in the
columns headed "Total Vote," and shall prepare the certificate thereto
above indicated; and immediately upon the completion of the count, all
the clerks shall sign the tally sheets, and each of them shall certify which
sheets were kept by him; and the chairman and the judges, being satis-
fied of the correctness of the same, shall then sign all of said tally sheets.
The clerks shall then prepare a statement of that portion of the tally
sheets showing the number and name and political party of each candi-
date for nomination and the office and total votes received by each in
the precinct, and shall prepare the certificate thereto, which statement
shall be signed by the judges and clerks who complete the count, and
shall be immediately posted in a conspicuous place on the outside of
said polls, there to remain for ten days.
Section 638. Immediately after canvassing the votes in the manner
aforesaid, the judges and clerks who complete the count, before they
ELECTION LAWS O."^ MONTANA 63
separate or adjourn shall inclose the poll-books in separate covers and
securely seal the same. They shall also inclose the tally sheets in separate
envelopes and seal the same securely. They shall also envelope all the
ballots fastened together, as aforesaid, and seal the same securely; and
they shall be in writing, with pen and ink, specify the contents, and
address each of said packages upon the outside thereof to the County
Clerk of the county in which the election precinct is situated. These
sealed packages of counted ballots shall be marked on the outside, show-
ing what numbers are contained therein, but once sealed they are not
to be opened by any one until so ordered by the proper court. When
the count is completed, the ballots counted and sealed, and enveloped
and marked for identification as aforesaid, shall be packed in the two
ballot-boxes, and nothing else shall be put into the boxes. The boxes shall
then be locked, and the official seal of the board shall be pasted over
the keyhole and over the rim of the lid of the box, so that the box cannot
be opened without breaking the seal. Thereafter neither the County Clerk
nor the canvassers making the abstracts of the vote? shall break the
said seals upon the ballot boxes, nor shall any one break the seals on the
boxes or the ballots, except upon the order of the proper court in case
of contest, or upon the order of the county board when the boxes are
needed for the ensuing election.
Section 639. Every political party which has cast three per centum
(3%) or more of the total vote cast for Representative in Congress at
the next preceding general election in the county, district or state for
which nominations are proposed to be made, shall nominate its candidates
for public office in such county, district or state, under the provisions
of this law, and not in any other manner; and it shall not be allowed to
nominate any candidate in the manner provided by section 612 of this
Code. Every political party and its regularly nominated candidates,
members, and officers, shall have the sole and exclusive right to the use
of the party name and the whole thereof, and no candidate for office shall
be permitted to use any word of the name of any other political party
or organization than that of and by which he is nominated. No inde-
pendent or non-partisan candidate shall be permitted to use any word
of the name of any existing political party or organization in his can-
didacy. The names of candidates for public office nominated under the
provisions of this law shall be printed on the official ballots for the
ensuing election as the only candidates of the respective political parties
for such public office in like manner as the names of the candidates
nominated by other methods are required to be printed on such official
ballots.
Any political party that did not cast three per centum (3%) or more
of the total vote cast for Representative in Congress, as above, and any
new political party about to be formed or organized, may make nomina-
tions for public office as provided in section 612 of this code.
As amended by Chapter 7, Laws of 1927.
Section 640. Any person who shall desire to become a candidate for
nomination to any office under this law shall send by registered mail,
54 ELECTION LAWS OF MONTANA
or otherwise, to the Secretary of State, County Clerk, or City Clerk, a
petition for nomination, signed by himself, accompanied by the filing fee
hereinafter provided for, and such petition shall be filed and shall be con-
clusive evidence for the purpose of this law that such elector is a candi-
date for nomination by his party. All nominating petitions pertaining to
congressional, state or district offices to be voted for in more than one
county, and for judges of the District Court shall be filed in the offices
of the Secretary of State; for county and district offices, to be voted
for in one county only, and for township and precinct officers, shall be
filed in the office of the County Clerk; and for all city offices in the
office of the City Clerk.
The fees required to be paid for filing such petitions shall be as
follows:
For any office with a salary attached of One Thousand Dollars
($1,000.00) or less per annum. Ten Dollars (.$10.00); except candidates
for the State Senate and House of Representatives shall be Fifteen Dol-
lars ($15.00).
For any office with a salary attached of more than One Thousand
Dollars ($1,000.00) per annum, one per cent (1%) of total amount of
annual salary.
For the office of County Commissioner in counties of the first class
Forty Dollars ($40.00) ; in counties of the second class. Thirty-five Dol-
lars ($35.00) ; in counties of the third class. Thirty Dollars ($30.00) ; in
counties of the fourth class. Twenty-five Dollars ($25.00) ; in all other
classes of counties Ten Dollars ($10.00).
For the office the compensation of which consists of fees instead of
a salary, Five Dollars ($5.00).
For state, county and precinct committeemen, delegates to national
conventions and presidential electors no fees shall be required to be paid.
Any person receiving the nomination by having his name written in
on the primary ballot, and desiring to accept such nomination, shall file
with the Secretary of State, county clerk, or city clerk, a written declara-
tion indicating his acceptance of said nomination within ten (10) days
after the election at which he receives such nomination, and at the same
time he shall pay to the officer with whom such declaration of acceptance
is filed the fee above provided for filing a primary nominating petition
for such office. No candidate receiving a nomination at a primary election
as above provided shall have his name printed on the official ballot for
the general election without complying with the provisions of this
section.
As amended by Chapter 125, Laws of 1927.
Section 641. The petition for nomination required by the preceding
section shall be substantially in the following form:
ELECTION LAWS OF MONTANA 65
To (name and title of officer with whom petition
is to be filed) and to the members of the
party and the electors of the (State or counties of
comprising the district or county or city, as the
case may be) in the State of Montana:
I reside at and my
postoffice address is I am a candidate of the
party for the nomination for the office of
at the primary nominating election to be held in the (State
of Montana or district, or county or city) on the
day , 19 , and if I am nominated as the can-
didate of the party for such office I will accept the
nomination and will not withdraw, and if I am elected I will qualify as
such officer.
If I am nominated and elected I will, during my term of office (Here
the candidate, in not exceeding one hundred words, may state any meas-
ure or principles he especially advocates, and the form in which he wishes
it printed after his name on the nominating ballot, in not exceeding
twelve words.)
Signature of Candidate for Nomination.
Each such petition shall be signed as above by the elector seeking
such nomination.
Sections 642, 643, Repealed by Chapter 133, Laws of 1923.
Section 644. All petitions for nomination under this Act for offices
to be filled by the State at large or by any district consisting of more
than one county, and nominating petitions for judges of district courts
in districts consisting of a single county, shall be filed in the office of
the Secretary of State not less than forty days before the date of the
primary nominating election; and for other offices to be voted for in
only one county, or district or city, every such petition shall be filed
with the County Clerk or City Clerk, as the case may be, not less than
thirty days before the date of the primary nominating election. As amend-
ed by Chapter 133, Laws of 1923.
Section 645. The Secretary of State, County Clerk and City Clerk
shall keep a book entitled "Register of Candidates of Nomination at the
Primary Nominating Election," and shall enter thereon on different
pages of the book for different political parties subject to the provisions
of this law, the title of the office sought and the name and residence of
each candidate for nomination at the primary election; the name of his
political party; the date of receiving the petition for nomination signed
by the candidate; the words he wishes printed after his name on the
nominating ballot, if any; and such other information as may aid him
in arranging his official ballot for said primary nominating election.
Immediately after the canvass of votes cast at a primary nominating
election is completed, the County Clerk, Secretary of State or City Clerk,
as the case may be, shall enter in his book marked "Register of Nomina-
56 ELECTION LAWS OF MONTANA
tions," the date of such entry, the name of each candidate nominated,
the office for which he is nominated, and the name of the pax-ty making
the nomination. As amended by Chapter 133, Laws of 1923.
Section 646. Such registers of candidates for nomination, and of
nominations and petitions, letters and notices, and other writings required
by law as soon as filed, shall be public records, and shall be open to
public inspection under proper regulations; and when a copy of any
such writing is presented at the time the original is filed, or at any
time thereafter, and a request is made to have such copy compared
and certified, the officers with whom such writing was filed shall foi'th-
with compare such copy with the original on file, and, if necessary, cor-
rect the copy and certify and deliver the copy to the person who pre-
sented it on payment of his lawful fees therefor. All such writings,
poll-books, tally sheets, ballots, and ballot stubs pertaining to primary
nominating elections under the provisions of this Act shall be preserved
as other records are for two years after the election to which they
pertain, at which time, unless otherwise ordered or restrained by some
court, the County Clerk shall destroy the ballots and ballot stubs, by
fire, without any one inspecting the same.
Section 647. The provisions of sections 620 and 621 of this Code
shall apply to nominations, or petitions for nominations, made under
the provisions of this law, in case of the death of the candidate or his
removal from the State or his county or electoral district before the date
of the ensuing election, but in no other case. In case of any such vacancy
by death or removal from the State, or from the county or electoral
district, such vacancy may be filled by the committee which has been
given power by the political party or this law to fill such vacancies sub-
stantially in the manner provided by said sections 620 and 621 of this
Code.
Section 648. Arrangement and notice of nominations. Not more than
forty days and not less than twenty-five days before the day fixed by
law for the primary nominating election the Secretary of State shall
arrange, in the manner provided by this law, for the arrangement of the
names and other information upon the ballots, all the names of and
information concerning all the candidates for nomination contained in
the valid petitions for nomination which have been filed with him in
accordance with the provisions of this law, and he shall forthwith certify
the same under the seal of the State, and file the same in his office,
and make and transmit a duplicate thereof by registered letter to the
County Clerk of each county in the State, and he shall also post a duplicate
thereof in a conspicuous place in his office and keep the same posted
until after said primary nominating election has taken place. In case of
emergency the Secretary of State may transmit such duplicate by tele-
graph. As amended by Chapter 12, Laws of 1925.
Section 649. Arrangement of ballots and notice. Not moi'e than
thirty days, and not less than twenty days before the day fixed by law
for the primary nominating election, the County Clerk of each county, or
the City Clerk of each city, as the case may be, subject to the provisions
of this law, shall arrange in the manner provided by this law for the
ELECTION LAWS OF MONTANA 87
ax'rangement of the names and othei* information concerning all the can-
didates and parties named in the valid petitions for nomination which
have been filed with him and those which have been certified to him by
the Secretary of State, in accordance vdth the provisions of this law;
and he shall forthwith certify the same under the official seal of his
office, and file the same in his office, and make and post a duplicate
thereof in a conspicuous place in his office, and keep the same posted
until after the primary nominating election has taken place; and he
shall forthwith proceed and cause to be printed, according to law, the
colored sample ballots and the official ballots required by this law. As
amended by Chapter 12, Laws of 1925.
Section 650. All blanks, ballots, poll-books and other supplies to be
used at any primaries shall be provided, and all expenses necessarily
incurred in the preparation for, or conducting such primaries shall be
paid out of the treasury of the county in the same manner and by the
same officers as in the case of elections. Not later than one day next
preceding any primary the County Clerk must furnish one of the judges
of the primaries in each precinct with a copy of the official register and
a check list for the precinct.
Section 651. At all primary elections there shall be a ballot made up
of the several party tickets herein provided for, each of which shall be
printed on a separate sheet of white paper, and all of which shall be the
same size, and shall be securely fastened together at the top and folded,
provided that there shall be as many separate tickets as there are parties
entitled to participate in said primary election.
The names of all candidates shall be arranged alphabetically accord-
ing to surnames, under the appropriate title of the respective officers,
and under the proper party designation upon the party ticket, except
as hereinafter provided. When two or more persons are candidates for
nomination for the same office, it shall be the duty of the County Clerk
in each of the Counties of the State to divide the ballot forms provided
by the law for the county, into sets so as to provide a substantial rotation
of the names of the respective candidates as follows:
He shall divide the whole number of ballot forms for the county into
sets equal in number to the greatest number of candidates for the nomi-
nation or election to any office, and he shall so arrange said sets that
the names of the candidates shall, beginning with a form arranged in
alphabetical order as provided herein, be rotated by removing one name
from the top of the list for each nomination or office and placing said
name or number at the bottom of the list for each successive set of ballot
forms; provided, however, that no more than one of said sets shall be
used in printing the ballots for use in any one precinct, and that all
ballots furnished for use in any precinct shall be of one form and identi-
cal in every respect. If any elector write upon his ticket the name of
any person who is a candidate for the same office upon some other ticket
than that upon which his name is so written this ballot shall be counted
for such person only as a candidate of the party upon whose ticket his
name is written, and in no case shall be counted for such person as a
candidate upon any other ticket. In case any person is nominated as
58 ELECTION LAWS OF MONTANA
provided in this Act, upon more than one ticket, he shall within ten (10)
days after such election file with the Secretary of State, County Clerk
or City Clerk, a written document indicating the party designation under
which his name is to be printed on the official ballot for the general
election, failing in which, his name shall be printed upon the party ticket
for which his nominating petition shall have been first filed, and no
candidate shall have his name printed on more than one ticket; provided,
however, that in the event a candidate whose name has been printed upon
the party ticket for which his nominating petition shall have been first
filed shall fail of nomination upon the ticket upon which his name is
so printed, his name shall not be printed upon any ballot under any party
designation; and provided further that nothing in this Act shall preclude
any elector from having his name printed upon the ballot as an Inde-
pendent Candidate. The ballots with the endorsements shall be printed
on white paper in substantially the forms of the Australian Ballot, used
in general elections, except that the candidates of each party shall be
printed on a separate ticket or sheet. After preparing his ballot the
elector shall detach the same from the remaining tickets and fold it so
that its face will be concealed and with official stamp thereon seen. The
remaining tickets attached together shall be folded in like manner by
the elector who shall thereupon, without leaving the polling place, vote
the marked ballot forthwith, and deposit the remaining tickets in the
separate ballot box to be marked and designated as the blank ballot box.
Immediately after the canvass, the Judges of the Election shall, without
examination, destroy the tickets deposited in the blank ballot box. As
amended by Chapter 67, Laws of 1929.
Section 652. There shall be printed and furnished for each election
precinct a number of ballots equal to the number of voters registered in
such voting precinct and entitled to vote at such primary nominating
election.
If any political party shall desire sample ballots its political com-
mittee may order the same from the County Clerk or City Clerk who
shall collect from such committee an amount sufficient to pay the cost
of printing such sample ballots, and such sample ballots after being
printed, shall, on the written order of the clerk, be delivered to the
committee ordering the same, but no such sample ballots shall be printed
except on the order of the County or City Clerk. The sample ballots shall
be duplicate impressions of the official ballots to be voted, but in no case
shall they be white, nor shall said sample ballots have perforated stubs,
nor shall they have the same margin either at the top or sides or bottom
as the official ballots have, or nearer thereto than twelve points, and the
names of the candidates on the tickets composing the same shall not be
rotated as required for the official ballots, but shall be impressions of
the tickets belonging to lot one of each party. As amended by Chapter
133, Laws of 1923.
Section 653. At all general primary nominating elections next pre-
ceding the election of a Senator in Congress by the Legislature of
Montana there shall be placed upon the official primary nominating
election ballots, by each of the county clerks and clerks of the county
ELECTION LAWS OF MONTANA 59
board, the names of all candidates for the office of Senator in Congress,
for whose nominations petitions have been duly made and filed under
the provisions of this law, the votes for which candidates shall be
counted and certified to by the election judges and clerks in the same
manner as the votes for other candidates; and records of the vote for
such candidates shall be made out and sworn to by the board of can-
vassers of each county of the State and returned to the Secretary of
State at the time and in like manner as they shall transmit other records
and i-eturns required by this law.
Section 654. On the third day after the close of any primary nomi-
nating election, or sooner if all the returns be received, the County Clerk,
taking to his assistance two Justices of the Peace of the county of dif-
ferent political parties, if practicable, shall proceed to open said returns
and make abstracts of the votes. Such abstracts of votes for nomination
for Governor and for Senator in Congress shall be on one separate sheet
for each political party, and shall be immediately transmitted to the
Secretary of State in like manner as other election returns are trans-
mitted to him. Such abstract of votes for nomination of each party for
Lieutenant-Governor, Secretary of State, Attorney-General, State Aud-
itor, Superintendent of Public Instruction, Railroad Commissioners, Clerk
of the Supreme Court, State Treasurer, Justices of the Supreme Court,
members of Congress, Judges of the District Court, and members of the
Legislative Assembly, who are to be nominated from a district composed
of more than one county, shall be on one sheet, separately for each
political party, and shall be forthwith transmitted to the Secretary of
State, as required by the following section. The abstract of votes for
county and precinct offices shall be on another sheet separately for each
political party; and it shall be the duty of said clerk immediately to
certify the nomination for each party and enter upon his register of
nominations the name of each of the persons having the highest number
of votes for nomination as candidates for members of the Legislative
Assembly, county and precinct offices, respectively, and to notify by mail
each person who is so nominated; provided, that when a tie shall exist
between two or more persons for the same nomination by reason of
said two or more persons having an equal and the highest number of
votes for nomination by one party to one and the same office, the County
Clerk shall give notice to the several persons so having the highest and
equal number of votes to attend at his office at a time to be appointed
by said clerk, who shall then and there proceed publicly to decide by lot
which of the persons so having an equal number of votes shall be declared
nominated by his party; and said clerk shall forthwith enter upon his
register of nominations the name of the persons thus duly nominated, in
like manner as though he had received the highest number of the votes
of his party for that nomination; and it shall be the duty of the County
Clerk of every county on receipt of the returns of any general primary
nominating election, to make out his cei'tificate stating therein the com-
pensation to which the judges and clerks of election may be entitled for
their services, and lay the same before the county Board of County Com-
missioners at its next term, and the said Board shall order the compen-
60 ELECTION LAWS OF MONTANA
sation aforesaid to be paid out of the county treasury. In all primary
nominating elections in this State, under the provisions of this law, the
person having the highest number of votes for nomination to any office
shall be deemed to have been nominated by his political party for that
office.
Section 655. The County Clerk, immediately after making the ab-
stracts of votes given in his county, shall make a copy of each of said
abstracts and transmit it by mail to the Secretary of State, at the seat
of government; and it shall be the duty of the Secretary of State, in
the presence of the Governor and the State Treasurer, to proceed within
fifteen days after the primary nominating election, and sooner, if all
returns be received, to canvass the votes given for nomination for Gov-
emoi% Senator in Congress, Lieutenant-Governor, Attorney-General,
Superintendent of Public Instruction, Railroad Commissioners, Secretary
of State, State Treasurer, State Auditor, Justices of the Supreme Court,
Clerk of the Supreme Court, members of Congress, Judges of the District
Court, Senators and Representatives, and all other officers to be voted
for by the people of the State, or of any district comprising more than
one county; and the Governor shall grant a certificate of nomination to
the person having the highest number of votes for each office, and shall
issue a proclamation declaring the nomination of each person by his
party. In case there shall be no choice for nomination for any office by
reason of any two or more persons having an equal and the highest num-
ber of votes of his party for nomination for either of said offices, the
Secretary of State shall immediately give notice to the several persons
so having the highest and equal number of votes to attend at his office,
either in person or by attorney, at a time to be appointed by said Secre-
tary, who shall then and there proceed to publicly decide by lot which
of said persons so having an equal number of votes shall be declared
duly nominated by his party; and the Governor shall issue his proclama-
tion declaring the nomination of such person or persons, as above pro-
vided.
Section 656. Whenever it shall appear by affidavit to the District
Court or Judge thereof, or to the Supreme Court or Judge thereof, that
an error or omission has occurred or is about to occur in the printing
of the name of any candidate or other matter on the official primary
nominating election ballots, or that any error has been or is about to
be committed in the printing of the ballots, or that the name of any
person or any other matter has been or is about to be wrongfully placed
upon such ballots, or that any wrongful act has been performed by any
judge or clerk of the primary election. County Clerk, canvassing board
or member thereof, or by any person charged with the duty under this
Act, or that any neglect of duty by any of the persons aforesaid has
occurred or is about to occur, such court or judge shall by order require
the officer or person or persons charged with the error, wrongful act,
or neglect, to forthwith correct the error, desist from the wrongful act,
or perform the duty and do as the court shall order, or show cause forth-
with why such error should not be corrected, wrongful act desisted from,
or such duty or order performed. Failure to obey the order of any such
ELECTION LAWS OF MONTANA 61
court or judge shall be contempt. Any person in interest or aggrieved
by the refusal or failure of any person to perform any duty or act re-
quired by this law shall, without derogation to any other right or remedy,
be entitled to pray for a mandamus in the District Court of appropriate
jurisdiction, and any proceedings under the provisions of this law shall
be immediately heard and decided.
Section 657. If the returns and abstracts of the primary nominating
election of any county in the State shall not be received at the office of
the Secretary of State within twelve days after said election, the Secre-
tary of State shall forthwith send a messenger to the county board of
such county, whose duty it shall be to furnish said messenger with a
copy of said returns, and the said messenger shall be paid out of the
county treasury of such county the sum of twenty cents for each mile he
shall necessarily travel in going to and returning from said county. The
County Clerk, whenever it shall be necessary for him to do so in order
to send said returns and abstracts within the time above limited, may
send the same by telegraph, the message to be repeated, and the county
shall pay the expense of such telegram.
Section 658. If any judge or clerk of a primary nominating election,
or other officers or persons on whom any duty is enjoined by this law,
shall be guilty of any wilful neglect of such duty, or of any corrupt
conduct in the discharge of the same, such judge, clerk, officer or other
person, upon conviction thereof, shall be punished by imprisonment in
the penitentiary not less than one year nor more than five years, or by
imprisonment in the county jail not less than three months nor more
than one year, or by fine not less than One Hundred Dollars nor more
than Five Hundred Dollars.
Section 659. Any person wishing to contest the nomination of any
other person to any State, county, district, township, precinct, or munici-
pal office may give notice in writing to the person whose nomination he
intends to contest that his nomination will be contested stating the cause
of such contest briefly, within five days from the time said person shall
claim to have been nominated.
Section 660. Said notice shall be served in the same manner as a
summons issued out of the District Court three days before any hearing
upon such contest as herein provided shall take place, and shall state
the time and place that such hearing shall be had. Upon the return of
said notice served to the Clerk of the Court he shall thereupon enter the
same upon his issue docket as an appeal case, and the same shall be heard
forthwith by the District Court; provided, that if the case can not be
determined by the District Court in term time, within fifteen days after
the termination of such primary nominating election, the Judge of the
District Court may hear and determine the same at chambers forthwith,
and shall make all necessary orders for the trial of the case and carrying
his judgment into effect; provided, that the District Court provision
of this section shall not apply to township or precinct officers. In case
of contest between any persons claiming to be nominated to any town-
ship or precinct office, said notice shall be served in the manner afore-
said, and shall be returned to the District Court of the county.
62 ELECTION LAWS OF MONTANA
Section 661. Each party to such contest shall be entitled to sub-
poenas, and subpoenas duces tecum, as in ordinary cases of law; and the
court shall hear and determine the same without the intervention of a
jury, in such manner as shall carry into effect the expressed will of a
majority of the legal voters of the political party, as indicated by their
votes for such nominations, not regarding technicalities or errors in
spelling the name of any candidate for such nomination; and the County
Clerk shall issue a certificate to the person declared to be duly nominated
by said court, which shall be conclusive evidence of the right of said
person to hold said nomination; provided, that the judgment or decision
of the District Court in term time, or a decision of the Judge thei-eof
in vacation, as the case may be, may be removed to the Supreme Court
in such manner as may be provided for removing such causes from the
District Court to the Supreme Court.
Section 662. County and City Central Committeemen, How Elected.
There shall be elected by each political party, subject to the provisions
of this law, at said primary nominating election, a committeeman for
each election precinct, who shall be a resident of such precinct. Any
elector may be placed in nomination for committeeman of any precinct
by a writing so stating, signed by such elector, and filed in the office of
the County Clerk within the time required in this Act for the filing of
petitions naming individuals as candidates for nomination at the regular
biennial primary election. The names of the various candidates for Pre-
cinct Committeemen of each political party shall be printed on the ticket
of the same in the same manner as other candidates and the voter shall
express his choice among them in like manner as for such other candi-
dates. The committeeman thus elected shall be the representative of his
political party in and for such precinct in all ward or subdivision com-
mittees that may be formed. The committeemen elected in. each precinct
in each county shall constitute the County Central Committee of each of
said respective political parties. Those committeemen who reside within
the limits of any incorporated city or town shall constitute ex-officio the
City Central Committee of each of said respective political parties and
shall have the same power and jurisdiction as to the business of their
several parties in such city matters that the County Committees have
in county matters, save only the power to fill vacancies in said com-
mittee, which power is vested in the County Central Committee. Each
committeeman shall hold such position for the term of two years from
the date of the first meeting of said committee immediately following
their election. In case of a vacancy happening, on account of death,
resignation, removal from the precinct, or otherwise, the remaining mem-
bers of said County Committee may select a committeeman to fill the
vacancy and he shall be a resident of the precinct in which the vacancy
occurred. Said County and City Central Committees shall have the power
to make rules and regulations for the government of their respective
political parties in each county and city, not inconsistent with any of
the provisions of this law, and to elect the county members of the State
Central Committee, and of the members of the Congressional Committee,
and said committee shall have the same power to fill all vacancies and
ELECTION LAWS OF MONTANA 63
make rules in their jurisdiction that the county committees have to fill
county vacancies and make rules. Said County and City Centi'al Com-
mittees shall have the power to make nominations to fill vacancies oc-
curring among the candidates of their respective parties nominated for
city or county offices by the primary nominating election w^here such
vacancy' is caused by death or removal from the electoral district, or
otherwise. Said committees shall meet and organize by electing a chair-
man and secretary within thirty days after the candidates of their
respective political parties shall have been nominated. They may select
managing or executive committees and authorize such sub-committees to
exercise any and all powers conferred upon the County, City, State and
Congressional Central Committees respectively by this law. The chair-
man of the County Central Committee shall call said Central Committee
meeting and not less than fifteen days before the date of said Central
Committee meeting, shall publish said call in a newspaper published
at the county seat and shall mail a copy of the call, enclosing a blank
proxy, to each Precinct Committeeman. No proxy shall be recognized
unless held by an elector of the precinct of the committeeman executing
the same. As amended by Chapter 34, Laws of 1929.
Section 663. The State Central Committee of each political party in
the State of Montana shall select one national committeeman and one
national committeewoman. The chairman of the State Central Committee
shall at once file with the national committee the names of the national
committeeman and national committeewoman so selected, and it shall be
the duty of the chairman of the delegation to the national convention of
each political party to report to the national convention the names of the
persons so selected to be the national committeeman and the national
committeewoman of his political party for the State of Montana. Said
committeeman and committeewoman shall represent said political party
as members of the national committee of said party and shall be selected
in each year in which a president and vice-president of the United States
are elected, and such selection shall be made prior to the meeting of the
national conventions of the respective political parties. The national com-
mitteeman and committeewoman shall hold office for a term of four
years. As amended by Chapter 159, Laws of 1925.
Section 664. Upon the passage and approval of this Act, the State
Central Committee of each political party shall select a national com-
mitteeman who shall hold office from the date of his selection until the
year 1924, and until the selection of his successor.
Section 665. If any candidate for nomination shall be guilty of any
wrongful or unlawful act or acts at a primary nominating election which
would be sufficient, if such wrongful or unlawful act or acts had been
done by such candidate at the regular general election, to cause his re-
moval from office, he shall, upon conviction thereof, be removed from
office in like manner as though such wrongful or unlawful act or acts
had been committed at a regular general election, notwithstanding that
he may have been regularly elected and shall not have been guilty of any
wrongful or unlawful act at the election at which he shall have been
elected to his office.
64 ELECTION LAWS OF MONTANA
Section 666. The candidates for the various State offices, and for
the United States Senate, Representatives in Congress and the Legis-
lative Assembly nominated by each political party at such primary, and
Senators of such political party, whose term of office extends beyond
the first Monday in January of the year next ensuing, and the members
of the State Central Committee of such political party, shall meet at
the call of the chairman of the State Central Committee not later than
September fifteenth next preceding any general election. They shall
forthwith formulate the State platform of their party. They shall there-
upon proceed to elect a chairman of the State Central Committee and
perform such other business as may properly be brought before such
meeting.
Section 667. Any person who shall offer, or with knowledge of the
same permit any person to offer for his benefit, any bribe to a voter to
induce him to sign any nomination paper, and any person who shall
accept any such bribe or promise of gain of any kind in the nature of
a bribe as consideration for signing the same, whether such bribe or
promise of gain in the nature of a bribe be offered or accepted before
or after such signing, shall be guilty of a misdemeanor, and upon trial
and conviction thereof be punished by a fine of not less than Twenty-
five nor more than One Thousand Dollars, and by imprisonment in the
county jail of not less than ten days nor more than six months.
Section 668. Any act declared an offense by the general laws of
this State concerning caucuses, primaries and elections shall also, in like
case, be an offense in and as to all primaries as herein defined, and shall
be punished in the same form and manner as therein provided, and all
the penalties and provisions of the law as to such caucuses, primaries
and elections, except as herein otherwise provided, shall apply in such
case with equal force, and to the same extent as though fully set forth
in this Act.
Section 669. Any person who shall forge any name of a signer or
a witness to a nomination paper shall be guilty of forgery, and on convic-
tion punished accordingly. Any person who, being in possession of nomi-
nation papers entitled to be filed under this Act, or any Act of the
Legislature, shall wrongfully either suppress, neglect or fail to cause
the same to be filed at the proper time in the proper office, shall, on
conviction, be punished by imprisonment in the county jail not to exceed
six months, or by a fine not to exceed One Thousand Dollars, or by both
such fine and imprisonment in the discretion of the court.
Section 670. The provisions of the laws of this State now in force
in relation to the holding of elections, the solicitation of voters at the
polls, the challenging of voters, the manner of conducting elections, of
counting the ballots and making return thereof, the appointment and
compensation of officers of election, and all other kindred subjects, shall
apply to all primaries, insofar as they are consistent with this Act, the
intent of this Act being to place the primary under the regulation and
protection of the laws now in force as to elections.
ELECTION LAWS OF MONTANA 65
BALLOTS. PREPARATION AND FORM
Section 677. All ballots cast in elections for public offices within
the State (except school district officers), must be printed and distributed
at public expense as provided in this chapter. The printing of ballots
and cards of instruction for the elections in each county, and the delivery
of the same to the election officer is a county charge, and the expense
thereof must be paid in the same manner as the payment of other county
expenses, but the expense of printing and delivering the ballots must,
in the case of municipal elections, be a charge upon the city or town in
which such election is held.
Section 678. Except as in this chapter otherwise provided, it is the
duty of the County Clerk of each county to provide printed ballots for
every election for public officers in which electors or any of the electors
within the county participate, and to cause to be printed in the ballot
the name of every candidate whose name has been certified to or filed
with the County Clerk in the manner provided for in this chapter. Ballots
other than those printed by the respective County Clerks according to
the provisions of this chapter must not be cast or counted in any election.
Any elector may write or paste on his ballot the name of any person for
whom he desires to vote for any office, and must mark the same as pro-
vided in section 696, and such vote must be counted the same as if printed
upon the ballot and marked by the voter, and any voter may take with
him into the polling place any printed or written memorandum or paper
to assist him in marking or preparing his ballot except as otherwise
provided in this chapter.
Section 679. In all municipal elections the City Clerk must perform
all the duties prescribed for County Clerks in this chapter.
Section 680. When any vacancy occurs before election day and
after the printing of the ballots, and any person is nominated according
to the provisions of this code to fill such vacancy, the officer whose duty
it is to have the ballots printed and distributed must thereupon have
printed a requisite number of pasters containing the name of the new
nominee, and must mail them by registered letter to the judges of
election in the various precincts interested in such election, and the judges
of election, whose duty it is made by the provisions of this chapter to
distribute the ballots, must affix such pasters over the name for which
substitution is made in the proper place on each ballot before it is given
out to the elector.
Section 681. Ballots prepared under the provisions of this chapter
must be white in color and of a good quality of paper, and the names
must be printed thereon in black ink. The ballots used in any one county
must be uniform in size, and every ballot must contain the names of
every candidate whose nomination for any special office specified in
the ballot has been certified or filed according to the provisions of law,
and no other names. The list of candidates of the several parties shall
be placed in separate columns of the ballot, in such order as the authori-
ties charged with the printing of the ballots shall decide. As near as
possible the ballot shall be in the following form: (Stub hereinafter
provided for in this section.)
66
ELECTION LAWS OF MONTANA
Perforated Line
DEMOCRATIC REPUBLICAN LABOR PARTY
For Governor
1 1
1 1 Joseph K. Toole
1 1
LJ
For Governor
1 1
1 1 John E. Richards
1 !
LJ
For Governor
r
1 Fred Whiteside
LJ
For Lieut.-Governor
1 1
1 1 Frank C. Higgins
1
For Secretary of State
1
1 Geo. M. Hayes
For Lieut.-Governor
1 1
1 1 AlexC. Botkin
1 1
l_l
For Lieut.-Governor
1 1
1 f
I
LJ
For Secretary of State
1 1
I 1 Louis Rotwitt
For Secretary of State
1 1
j 1 W. R. Allen
And continuing in like manner as to all candidates to be voted for at
such election.
Section 682. Every ballot must also contain the name of the party,
or principle, w^hich the candidates in the respective columns represent,
as contained in the certificates of nomination; provided, however, that
where any person is nominated for the same office by more than one
party or convention, his name shall be placed upon the ticket under the
designation of the party which first nominated him, unless he declines,
in writing, one or more of such nominations, or by written election
indicates the party designation under which he desires his name to be
printed, or if he was nominated by more than one party or convention
at the same time shall, within the time fixed by law for filing certificates
of nomination, file with the officer with whom his certificate of nomina-
tion is required to be filed a written election indicating the party desig-
nation under which he desires his name to be printed on the ballot, and
it shall be so printed. If he shall fail or neglect to so file such an
election, the officer with whom the certificate of nomination is required
to be filed shall place his name under the designation of either of the
parties by which he was nominated, but under no other designation
whatever, and no person, who has been nominated by petition or other-
wise, shall have his name printed upon the ticket if the same already ap-
pears under a party designation.
Section 683. Below the names of candidates for each office there
must be left a blank space large enough to contain as many written
names of candidates as there are persons to be elected. There must be a
margin on each side of at least half an inch in width, and a reasonable
space between the names printed thereon, so that the voter rtiay clearly
ELECTION LAWS OF MONTANA 67
indicate, in the way hereinaftei- provided, the candidate or candidates
for whom he wishes to cast his ballot.
Section 684. The ballot shall be printed on the same leaf with a
stub, and separated therefrom by a perforated line. The part above the
perforated line, designated as the stub, shall extend the entire width of
the ballot, and shall be of sufficient depth to allow the following instruc-
tions to voters to be printed thereon, such depth to be not less than
two inches from the perforated line to the top thereof, upon the face
of which stub shall be printed, in type known as brevier capitals, the
following: "This ballot should be marked with an 'X' in the square before
the name of each person or candidate for whom the elector intends to
vote. In cases of a ballot containing a constitutional amendment, or
other question to be submitted to a vote of the people by marking an 'X'
in the square before the answer of the question or amendment submitted.
The elector may write in the blank spaces, or paste over another name,
the name of any person for whom he wishes to vote, and vote for such
person by marking an 'X' in the square before such name." On the back
of the stub shall be printed or stamped by the County Clerk, or other
officer whose duty it is to provide the ballots, the consecutive number of
the ballot, beginning with number "1," and increasing in regular numeri-
cal order to the total number of ballots required for the precinct.
Section 685. All of the official ballots of the same sort, prepared by
any officer or board for the same balloting place, shall be of precisely
the same size, arrangement, quality and tint of paper, and kind of type,
and shall be printed in black ink of the same tint, so that when the
stubs, numbered as aforesaid, shall be detached therefrom it shall be
impossible to distinguish any one of the ballots from the other ballots
of the same sort, and the names of all candidates printed upon the ballot
shall be in type of the same size and character.
Section 686. Whenever the Secretary of State has duly certified
to the County Clerk any question to be submitted to the vote of the
people, the County Clerk must print the ballot in such form as will enable
the electors to vote upon the question so presented in the manner pro-
vided by law. The County Clerk must also prepare the necessary ballots
whenever any question is required by law to be submitted to the electors
of any locality, and any of the electors of the State generally, except
that as to all questions submitted to the electors of a municipal corpor-
ation alone the City Clerk must prepare the necessary ballots.
Section 687. The County Clerk must provide for each election pre-
cinct in the county ten more than an equal number of ballots as there
are electors registered in the precinct. If there is no registry in the pre-
cinct, the County Clerk must provide ballots equal to the number of
electors who voted at the last preceding election in the precinct, unless
in the judgment of the County Clerk a greater number be needed, but
in no case to exceed one and one-half times as many as the number of
registered voters in the precinct. He must keep a record in his office,
showing the exact number of ballots, that are delivered to the judges
of each precinct. In municipal elections it is the duty of the City Clerk
to provide ballots as specified in this section. As amended by Chapter 16,
Laws of 1925.
•68 ELECTION LAWS OF MONTANA
CONDUCTING ELECTIONS: THE POLLS, VOTING AND
CHALLENGES
Section 688. Voting may commence as soon as the polls are open,
and may be continued during all the time the polls remain open.
Section 689. The polls must be opened at 8 o'clock on the morning
of election day, and must be kept open continuously until 6 o'clock in the
afternoon of said day, when the same must be closed.
Section 690. Before the judges receive any ballots they must cause
it to be proclaimed aloud at the place of election that the polls are open,
and thirty minutes before the closing of the polls proclamation must be
made that the polls will close in one-half hour.
Section 691. When polls are closed, that fact must be proclaimed
aloud at the place of election; and after such proclamation no ballots
must be received.
Section 692. All officers upon whom is imposed by law the duty of
designating the polling-places must provide in each polling-place desig-
nated by them, a sufficient number of places, booths, or compartments,
each booth or compartment to be furnished with a door or curtain suf-
ficient in character to screen the voter from observation, and must be
furnished with such supplies and conveniences as shall enable the elector
to prepare his ballot for voting, and in which electors must mark their
ballots, screened from observation, and a guard-rail so constructed that
only persons within such rail can approach within ten feet of the ballot-
boxes, or the places, booths, or compartments herein provided for. The
number of such places, booths, or compartments must not be less than
one for every fifty electors, or fraction thereof, registered in the precinct.
In precincts containing less than twenty-five registered voters, the elec-
tion may be conducted under the provisions of this chapter without the
preparation of such booths or compartments, as required by this section.
Section 693. No person other than electors engaged in receiving,
preparing, or depositing their ballots, or a person present for the purpose
of challenging the vote of an elector about to cast his ballot, is permitted
to be within said rail; and in cases of small precincts where places,
booths, or compartments are not required, no person engaged in prepar-
ing his ballot shall, in any way, be interfered with by any person, unless
it be some one authorized by the provisions of this chapter to assist him
in preparing his ballot; nor shall any officer of election do any elec-
tioneering on election day. No person whatsoever shall do any electioneer-
ing on election day, within any polling-place, or any building in which
an election is being held, or within twenty-five feet thereof; said space
of twenty-five feet to be protected by ropes and kept free of trespassers;
nor shall any person obstruct the doors or entries thereto, or prevent free
ingress to and egress from said building. Any election officer, sheriff,
constable, or other peace officer is hereby authorized and empowered, and
it is hereby made his duty, to clear the passageway, and prevent such
obstruction, and to arrest any person so doing. No person shall remove
any ballot from the polling-place before the closing of the polls. No
person shall show his ballot after it is marked, to any person, in such a
ELECTION LAWS OF MONTANA 69
way as to reveal the contents thereof, or the name of the candidate or
candidates for whom he has marked his vote; nor shall any person solicit
the elector to show the same; nor shall any person, except the judge of
election, receive from any elector a ballot prepared for voting. No elector
shall receive a ballot from any other person than one of the judges of
election having charge of the ballots; nor shall any person other than
such judge of election deliver a ballot to such elector. No elector shall
vote, or offer to vote, any ballot except such as he has received from
the judges of election having charge of the ballots. No elector shall
place any mark upon his ballot by which it may afterwards be identified
as the one voted by him. Every elector who does not vote a ballot de-
livered to him by the judges of election having charge of the ballots,
shall, before leaving the polling-place, i-eturn such ballot to such judges.
Section 694. The expense of providing such places or compart-
ments, ropes, and guard-rails is a public charge, and must be provided
for in the same manner as the other election expenses.
Section 695. At any election the judges of election must designate
two of their number whose duty it is to deliver ballots to the qualified
electors. Before delivering any ballot to an elector, the said judges must
print on the back, and near the top of the ballot, with the rubber or
other stamp provided for the purpose, the designation "official ballot"
and the other words on same, as provided for in Section 603 of this
Code; and the clerks must enter on the poll-lists the name of such
elector and the number of the stub attached to the ballot given him. Each
qualified elector must be entitled to receive from the judges one ballot.
Section 696. On receipt of his ballot the elector must forthwith,
without leaving the polling-place and within the guard-rail provided, and
alone, retire to one of the places, booths, or compartments, if such are
provided, and prepare his ballot. He shall prepare his ballot by marking
an "X" in the square before the name of the person or persons for
whom he intends to vote. In case of a ballot containing a constitutional
amendment, or other question to be submitted to the vote of the
people, by marking an "X" in the square before the answer of the
question or amendment submitted. The elector may write in the blank
spaces or paste over any other name the name of any person for whom
he wishes to vote, and vote for such person by marking an "X" before
such name. No elector is at liberty to use or bring into the polling-place
any unofficial sample ballot. After preparing his ballot the elector must
fold it so the face of the ballot will be concealed and so that the
endorsement stamped thereon may be seen, and hand the same to the
judges in charge of the ballot-box, who shall announce the name of the
elector and the printed or stamped number on the stub of the official
ballot so delivered to him, in a loud and distinct tone of voice. If such
elector be entitled then and there to vote, and if such printed or stamped
number is the same as that entered on the poll-list as the number on
the stub of the official ballot last delivered to him by the ballot judge,
such judge shall receive such ballot, and, after removing the stub there-
from in plain sight of the elector, and without removing any other part
of the ballot, or in any way exposing any part of the face thereof below
70 ELECTION LAWS OF MONTANA
the stub, shall deposit each ballot in the proper ballot-box for the recep-
tion of voted ballots, and the stubs in a box for detached ballot stubs.
Upon voting, the elector shall forthwith pass outside the guard-rail,
unless he be one of the persons authorized to remain within the guard-
rail for other purposes than voting.
Section 697. No more than one person must be allowed to occupy
any one booth at one time, and no person must remain in or occupy a
booth longer than may be necessary to prepare his ballot, and in no
event longer than five minutes, if the other booths or compartments
are occupied.
Section 698. Any elector who by accident or mistake spoils his ballot,
may, on returning said spoiled ballot, receive another in place thereof.
Section 699. Any elector who declares to the judges of election, or
when it appears to the judges of election that he cannot read or write, or
that because of blindness or other physical disability he is unable to
mark his ballot, but for no other cause, must, upon request, receive the
assistance of two of the judges, who shall represent different parties,
in the marking thereof, and such judges must certify on the outside
thereof that it was so marked with their assistance, and must there-
after give no information regarding the same. The judges must require
such declaration of disability to be made by the elector under oath
before them, and they are hereby authorized to administer the same. No
elector other than the one who may, because of his inability to read or
write, or of his blindness or physical disability, be unable to mark his
ballot, must divulge to any one within the polling-place the name of any
candidate for whom he intends to vote, or ask or receive the assistance
of any person within the polling-place in the preparation of his ballot.
Section 700. The person offering to vote must hand his ballot to the
judges, and announce his name, and in incorporated cities and towns
any such person must also give the name of the street, avenue, or loca-
tion of his residence, and the number thereof, if it be numbered, or such
clear and definite description of the place of such residence as shall
definitely fix the same.
Section 701. The judges must receive the ballot, and before deposit-
ing it in the ballot-box must, in an audible tone of voice, announce the
name, and in incorporated tovims and cities the judges must also an-
nounce the residence of the person voting, and the same must be recorded
on each poll-book.
Section 702. If the name be found on the official register in use at
the precinct where the vote is offered, or if the person offering to vote
produce and surrender a proper registry certificate, and the vote is not
rejected, upon a challenge taken, the judges must immediately and
publicly, in the presence of all the judges, place the ballot, without open-
ing or examining the same, in the ballot-box.
Section 703. When the ballot has been placed in the box, one of
the judges must write the word "Voted" opposite the number of the
person on the check-list for the precinct.
Section 704. The judges of election in each precinct, at every gen-
eral or special election, shall, in the precinct register book, which shall
ELECTION LAWS OF MONTANA 71
be certified to them by the County Clerk, mark a cross (X) upon the
line opposite to the name of the elector. Before any elector is permitted
to vote, the judges of election shall require the elector to sign his name
upon one of the precinct register books, designated by the County Clerk
for that purpose, and in a column reserved in the said precinct books for
the signature of electors. If the elector is not able to sign his name, he
shall be required by the judges to produce two freeholders who shall
make an affidavit before the judges of election, or one of them, in sub-
stantially the following form:
STATE OF MONTANA. }
County of \
"We, the undersigned witnesses, do swear that our names and signa-
tures are genuine, and that we are each personally acquainted with
(the name of the elector), and
that we know that he is residing at , and
that we believe that he is entitled to vote at this election, and that we
are each freeholders in the county," which affidavit shall be filed by
the judges, and returned by them to the County Clerk, with the return
of the election; one of the judges shall thereupon write the elector's
name, and note the fact of his inability to sign, and the names of the
two freeholders who made the affidavit herein provided for. If the
elector fails or refuses to sign his name, and, if unable to write, fails
to procure two freeholders who will take the oath herein provided, he
shall not be allowed to vote. Immediately after the election and canvass
of the returns, the judges of election shall deliver to the County Clerk
the copy of said official precinct register, sealed, with the election re-
tui-ns and poll-book, which have been used at said election.
Section 705. Each clerk must keep a list of persons voting, and the
name of each person who votes must be entered thereon and numbered
in the order voting. Such list is known as the poll-list and forms a
part of the poll-book of the precinct.
Section 706. Any person offering to vote may be orally challenged
by any elector of the county, upon either or all of the following grounds:
1. That he is not the person whose name appears on the register or
check-list.
2. That he is an idiot or insane person.
3. That he has voted before that day.
4. That he has been convicted of a felony and not pardoned.
Section 707. If the challenge is on the ground that he is not the
person whose name appears on the official register, the judges must
tender him the following oath:
"You do swear (or affirm) that you are the person whose name is
entered on the official register and check-list."
Section 708. If the challenge is on the ground that the person
challenged has voted before that day, the judges must tender to the
person challenged this oath:
"You do swear (or affirm) that you have not before voted this day."
Section 709. If the challenge is on the ground that the person
72 ELECTION LAWS OF MONTANA
challenged has been convicted of a felony, the judges must tender him
the following oath:
, "You do swear (or affirm) that you have not been convicted of a
felony."
Section 710. Challenges upon the grounds either:
1. That the person challenged is not the person whose name appears
on the official register; or
That the person has before voted that day, are determined in favor
of the person challenged by his taking the oath tendered.
2. A challenge upon the ground that the person challenged has been
convicted of a felony and not pardoned must be determined in favor of
the person challenged on his taking the oath tendered, unless the fact
of conviction be proved by the production of an authenticated copy of
the record or by the oral testimony of two witnesses. If the person
challenged asserts that he has been convicted of a felony and pardoned
therefor, he must exhibit his pardon or a proper certified copy thereof
to the judges, and if the pardon be found sufficient, the judges must
tender to him the following oath: "You do swear that you have not been
convicted of any felony other than that for which a pardon is now
exhibited."
Upon taking this oath the person challenged must be permitted to
vote if otherwise qualified, unless a conviction of some other felony be
proved, as in this section provided for the proof of a conviction.
Section 711. Challenges for causes other than those specified in the
preceding section must be tried and determined by the judges of election
at the time of the challenge.
Section 712. If any person challenged refuses to take the oaths
tendered, or refuses to be sworn and to answer the questions touching
the matter of residence, he must not be allowed to vote.
Section 713. If the challenge is determined against the person
offering to vote, the ballot must, without examination, be destroyed by
the judges in the presence of the person offering the same; if determined
in his favor, the ballot must be deposited in the ballot-box.
Section 714. The judges must cause each of the clerks to keep a
list showing:
1. The names of all persons challenged.
2. The grounds of such challenges.
3. The determination of the judges upon the challenge.
VOTING BY ABSENT ELECTORS
Section 715. Any qualified elector of this State, having complied
with the laws in regard to registration, who is absent from the county
of which he is an elector on the day of holding any general or special
election, or primary election for the nomination of candidates for such
general election, or any municipal general, special, or primary election,
may vote at any such election as hereinafter provided.
Section 716. At any time within thirty days next preceding such
election, any voter expecting to be absent on the day of election from
ELECTION LAWS OF MONTANA 73
the county in which his voting precinct is situated may make applica-
tion to the County Clerk of such county, or to the City or Town Clerk,
in the case of a municipal general, special, or primary election, for
an official ballot or official ballots to be voted at such election as an
absent voter's ballot or ballots.
Section 717. Application for such ballots shall be made on a blank
to be furnished by the County Clerk of the county of which the applicant
is an elector, or the City or Town Clerk, if it be municipal, general,
special, or primary election, and shall be in substantially the following
form :
"I, , a duly qualified elector of the
Precinct, in the County of and State
of Montana, and am to the best of my knowledge and belief entitled to
vote in such precinct in the next election, expecting to be absent from
the said county on the day for holding such election, hereby make ap-
plication for an official ballot to be voted by me at the said election.
Postoffice address to which ballot is to be mailed
STATE OF )
COUNTY OF i ^^*
On this day of , personally appeared
before me , who being first duly sworn,
deposes and says that he is the person who signed the foregoing applica-
tion, that he has read and knows the contents of same and knows to his
own knowledge the matters and things therein stated are true."
This application must be subscribed by the applicant and sworn to
before some officer authorized to administer oaths, and the application
shall not be deemed complete without his affidavit. As amended by
Chapter 151, Laws of 1923.
Section 718. The voter making such application shall forward by
mail or deliver in person the same to the County Clerk of the county in
which he is registered and it shall be the duty of the said County Clerk
to look up the applicant's registration card and compare the signature
on the application for absent voter's ballot and the registration card
and if convinced the person making the application for absent voter's
ballot and the person who signed the original registration card is one
and the same person, he shall accept the same in good faith and deliver
the ballot as provided in Section 719. As amended by Chapter 151, Laws
of 1923.
Section 719. Such application blank shall, upon request therefor,
be sent by such County or City or Town Clerk to any elector of the
county, by mail, and shall be delivered to any elector upon application
made personally at the office of such County or City or Town Clerk;
provided, however, that no elector shall be entitled to receive such a
74 ELECTION LAWS OF MONTANA
ballot on election day, nor unless his application is made to or received
by the County or City or Town Clerk before the delivery of the official
ballots to the judge of election.
Section 720. Upon receipt of such application, properly filled out
and duly signed, or as soon thereafter as the official ballot for the
precinct in which the applicant resides has been printed, the said County
or City or Town Clerk shall send to such elector by mail, postage pre-
paid, one official ballot, or if there be more than one ballot to be voted
by an elector of such precinct, one of each kind, and shall enclose with
such ballot or ballots an envelope, to be furnished by such County or City
or Town Clerk, which envelope shall bear upon the front thereof the
name, official title and postoffice address of such County or City or Town
Clerk, and upon the other side a printed affidavit, in substantially the
following form:
State of County of ss.
I, , do solemnly swear that I am a
resident of the precinct, (and if he be a resident
of a city or town, add: "Residing at , in the
town or city of ,") county of
and State of Montana, and entitled to vote in such precinct at the next
election ; that I expect to be absent from the said county of my residence
on the day of holding such election and that I will have no opportunity
to vote in person on that day.
Subscribed and sworn to before me this day of
, 19 ; and I hereby certify that the
affiant exhibited to me the enclosed ballot or ballots for inspection be-
fore marking, and that the same was (or were) then unmarked and that
he then in my presence, and in the presence of no other person, and in
such manner that I could not see his vote, marked said ballot (or ballots)
and enclosed and sealed the same in this envelope. That the affiant was
not solicited or advised by me to vote for or against any candidate or
measure.
Section 721. Such voter shall make and subscribe the said affidavit
before an officer authorized by law to administer oaths, and who has
an official seal, and may do so at any place in the State of Montana, or
in any other state or territory of the United States, before any officer
authorized by the laws of this State to take acknowledgments of instru-
ments without the state, and such voter shall thereupon, in the presence
of such officer and of no other person, mark such ballot or ballots, but
in such manner that such officer cannot see the vote, and such ballot or
ballots thereupon, in the presence of such officer, shall be folded by
such voter so that each ballot shall be separate, and so as to conceal
the vote, and shall be, in the presence of such officer, placed in such
envelope securely sealed veth mucilage and in addition thereto sealing
wax in not less than two places thereon, the sealing wax to contain
the impression of the official seal of the officer administering the oath.
ELECTION LAWS OF MONTANA 75
Said officer shall thereupon append his signature and official title and
affix his seal at the end of said jurat and affidavit. Said envelope shall
be mailed by such absent voter, postage prepaid, or delivered to the
County or City or Town Clerk, as the case may be. As amended by Chap-
ter 151, Laws of 1923.
Section 722. Upon receipt of such envelope, such County or City or
Town Clerk shall forthwith enclose the same, unopened, together with
the written application of such absent voter in a larger envelope, which
shall be securely sealed and endorsed with the name of the proper
voting precinct, the name and official title of such clerk, and the words
"This envelope contains an absent voter ballot and must be opened only
on election day at the polls when the same are open," and such clerk
shall safely keep the same in his office until the same is delivered or
mailed by him as provided in the next section.
Section 723. In case such envelope is received by such clerk prior
to the delivery of the official ballots to a judge of election of the precinct
in which such absent voter resides, said larger envelope, containing the
said voter's envelope and his said application, as above provided, shall
be delivered to the judge of election of such precinct, to whom the
official ballots of the precinct shall be delivered, and at the same time.
In case the official ballots for such precinct shall have been delivered
to the judge of election prior to the time of the receipt by the said
clerk of said absent voter's envelope, such clerk shall immediately after
enclosing such voter's envelope and his application in a larger envelope,
and after endorsing the latter as provided in the foregoing section,
address and mail the larger envelope, postage prepaid, to the said
judge of election of said precinct, as hereinafter further provided.
Section 724. The ballot or ballots to be delivered or marked by
such absent voter shall be one of the regular official ballots to be used
at such election, and of each kind of such official ballots if there be
more than one kind to be voted, beginning with ballot one and following
consecutively, according to the number of applications for such absent
voter ballots. The County or City or Town Clerk shall keep a record of
all ballots so delivered for the purpose of absent voting, as well as of
ballots, if any, marked before him as hereinafter provided, and shall
make and deliver to the judge of election, to whom the ballots for the
precinct are delivered, and at the time of the delivery of such ballots,
a certificate stating the numbers of ballots delivered or mailed to absent
voters, as well as those marked before him, if any, and the names of the
voters to whom such ballots shall be delivered or mailed, or by whom
they shall have been marked if marked before him.
Section 725. The judges of election, at the opening of the polls,
shall note on the poll-lists when one is required by law to be kept, op-
posite the numbers corresponding to the numbers of the ballots issued
to absent voters, as shown by the certificate of the County or City or
Town Clerk, the fact that such ballots were issued to absent voters, and
shall reserve said numbers for the absent voters. The notation may be
made by writing the words "Absent Voters" opposite such numbers.
76 ELECTION LAWS OF MONTANA
The judges shall not allow any names to be inserted in the poll-list
on the lines corresponding to said numbers, except the name of the
elector entitled to each particular number according to the certificate
of the County or City or Town Clerk, and the number of his ballot. Any
so rejected shall be placed together with the voter's application and the
absent voter's envelope provided for the purpose by the Clerk and Re-
corder or City or Town Clerk which shall be sealed and endorsed by the
words, "Rejected absent voter ballots" numbered ,
and shall put thereon the number of the ballots given to absent voters
according to the County or City or Town Clerk's certificate. There shall
be a separate enclosing envelope for the ballot or ballots of each absent
voter whose ballot or ballots may have been rejected, and such envelopes
shall be placed in an envelope together with the other ballots, and shall
not be opened without order of a court of competent jurisdiction.
Section 726. Any qualified elector who is present in his county
after the official ballots of such county have been printed and who has
reason to believe that he will be absent from such county on election
day as provided in Section 71 may vote before he leaves his county, in
like manner as an absent voter, before the County or City or Town Clerk
or some officer authorized to administer oaths and having an official
seal; and the provisions of this Act shall be deemed to apply to such
voting. If the ballot be marked before the County or City or Town Clerk
it shall be his duty to deal with it in the same manner as if it had come
by mail.
Section 727. At any time between the opening and closing of the
polls on such election day, the judges of election of such precinct shall
first open the outer envelope only, and compare the signature of such
voter to such application, with the signature to such affidavit.
In case the judge finds the affidavit is sufficient and that the signa-
tures correspond, and that the applicant is then a duly qualified elector
of such precinct, and has not voted at such election, they shall open the
absent voter's envelope, in such manner as not to destroy the affidavit
thereon, and take out the ballot or ballots therein contained, and without
unfolding the same, or permitting the same to be opened or examined,
shall ascertain whether the stub or stubs is or are still attached to the
ballot or ballots, and whether the number thereon corresponds to the
number in the County or City or Town Clerk's certificate. If so, they
shall endorse the same in like manner that other ballots are endorsed,
shall detach the stub as in other cases, and deposit the ballot or ballots
in the proper ballot-box or boxes, and make in their election list and
books the proper entries to show such elector to have voted. In case
such affidavit is found to be insufficient, or that the said signatures do
not correspond, or that such applicant is not then a duly qualified elector
of such precinct, such vote shall not be allowed, but, without opening
the absent voter envelope, the judges of such election shall mark across
the face thereof "rejected as defective," or "rejected as not an elector"
as the case may be. The absent voter envelope, when such absent vote is
voted, and the absent voter envelope with its contents, unopened; when
such absent vote is rejected, shall be deposited in the ballot-box con-
ELECTION LAWS OF MONTANA 77
taining the general or party ballots, as the case may be, retained and
preserved in the manned by law provided for the retention and preser-
vation of official ballots voted at such election. If, upon opening the
absent voter's envelope, it be found that the stub of any ballot has been
detached, or that the number thereon does not correspond to the number
in the County or City or Town Clerk's certificate of the number issued
to such absent voter, the ballot shall be rejected and it shall then and
there, and without looking at the face thereof, be marked on the back
"rejected on the ground of ," filling the
blank with the statement of the reason of rejection; which statement
shall be dated and signed by the majority of the judges. The ballot or
ballots so rejected, together with the absent voter's envelope bearing the
application, and the said application, shall be all enclosed in an envelope,
which shall be then and there securely sealed, and on such envelope the
judges shall write or cause to be written (if not already printed thereon)
the words, "rejected ballot of absent voter" (writing in the name of the
elector). "The rejected ballot or ballots is or are "
The judges shall designate the rejected ballot as "General ballot," if it
be a ballot for candidates that be rejected. If the rejected ballot be a one
put on a question submitted to the vote of the electors, the judges shall
designate such ballot as Ballot Question No in the certificate
on the envelope. There shall be a separate enclosing envelope for the
ballot or ballots of each absent voter whose ballot or ballots may have
been rejected and such enclosing envelope shall be placed in the envelope
in which the other ballots voted or (are) required to be placed and shall
not be opened without an order of a court of competent jurisdiction. The
County or City or ToMm Clerk shall provide and have delivered to the
judge of election suitable envelopes for enclosing rejected absent voters
ballots.
Section 728. Whenever the County or City or Town Clerk shall mail
the envelope containing an absent voter's envelope and ballots as pro-
vided in this Act, to a judge of election, he shall place thereon the proper
postage and the proper stamp or stamps, and the proper markings to
secure the transmission and delivery thereof as a special delivery letter,
in accordance with the postal laws of the United States and the regula-
tions of the United States postoffice.
Section 729. Any qualified elector who has mai'ked his ballot as
hereinbefore provided, who shall be in his precinct on election day, shall
be permitted to vote in person, provided his said ballot has not already
been deposited in the ballot-box.
Section 730. In case any elector who shall have marked his ballot
as an absent voter, as in this Act provided, shall appear at the voting
place of his precinct on election day, before his ballot or ballots shall
have been deposited in the ballot-box, his envelope containing his ballot
shall, if he so desii-es, be opened in his presence, and the ballot or ballots
found therein shall be deposited in the ballot-box as hereinbefore pro-
vided. If such elector shall ask for a new ballot or ballots with which
to vote, he shall be entitled to the same, but in such case his absent-
voter envelope shall not be opened, and the judges shall mark, or cause
78 ELECTION LAWS OF MONTANA
to be marked, across the face thereof "unopened because voter appeared
and voted in person," and then deposit in the said envelope, unopened,
in the ballot-box. If the envelope containing the absent-voter ballot shall
have been marked "rejected as defective," and deposited in the ballot-
box, such elector so appeai-ing shall have the same right to vote as if he
had not attempted to vote as an absent voter. If voting machines are
there used, he shall vote by machine as other voters.
Section 731. If the aforesaid envelope containing an absent-voter
ballot shall have been deposited, unopened, in the ballot-box, the said
envelope shall not be opened, without an order of a court of competent
jurisdiction.
Section 732. If any person shall wilfully swear falsely to any affi-
davit in this Act provided for, he shall, upon conviction thereof, be
deemed guilty of perjury, and shall be punished as in such cases by law
provided. If the County or City or Town Clerk, or any election officer,
shall refuse or neglect to perform any of these duties prescribed by
this Act, or shall violate any of the provisions thereof, or if any officer
taking the affidavit provided for in section 720 shall make any false
statement in his certificate thex-eto attached, or look at any mark or
marks made by the voter upon any such ballot, or permit or allow any
other person to be present at the marking of any such ballot by the
voter, or to see any mark or marks made thereon by the voter, he shall
be deemed guilty of a misdemeanor, and shall be punished by a fine
not exceeding Five Hundred Dollars, or by imprisonment in the county
jail not exceeding six months, or by both such fine and imprisonment.
Section 733. In and for precincts where voting-machines are to be
used, the County or City or Town Clerk shall cause to be printed and
shall provide ballots in the regular form of printed ballots, and sufficient
printed ballots and sufficient in number for possible absent voters, and
also poll-books and ballot-boxes such as lists required for the precincts
in which printed ballots are used. Absent voters' ballots received in such
precincts shall be cast as in this Act provided, and all provisions of this
Act and of the Election Laws shall apply to the casting, canvassing,
counting, and returning of such ballots and votes, except as herein
otherwise provided. In making the canvass the votes cast by absent
voters shall be added by the judges of election to the votes cast on
the voting machines, and the results determined and reported accordingly.
Section 734. In case any elector who shall have taken advantage of
the provisions of this Act, and marked his ballot as an absent voter, as
in this Act provided, shall not leave his county, or shall return thereto
on or before election day, and in time to allow him to go to the polls,
to-wit, to the voting place in his precinct, and to be admitted therein
before the close of the polls, it shall be his duty so to go to the said voting
place and to present himself to the judges of election at said voting
place, and if he shall wilfully neglect so to do, he shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not more than One Hundred Dollars or by imprisonment not
more than thirty days in the county jail or by both such fine and im-
ELECTION LAWS OF MONTANA 79
prisonment. If such an electoi- so appears the judges of election shall
note in the poll-books and lists the fact of his appearance as well as
whether or not he voted in person.
Section 735. If any elector of this state or any other person or any
officer shall, in any matter connected with voting outside of the state
under the provisions of this law, in any manner violate any of the pro-
visions of this Act, or of any of the election or penal laws of this state
applicable to voting under this Act, in such manner that such violation
would constitute an offense if committed within the state, then and in
such case such elector, person, or officer shall be deemed guilty of a
like offense, and be punishable to the same extent and in the same man-
ner as if the act, omission, or violation had been committed in this
state, and may be prosecuted in any county in this state; provided, how-
ever, that if the defendant or one of several defendants be a resident
of the state he may have the case removed to the county in which the
ballot was cast, or was to be cast, if not, in fact cast; and provided,
further, that the court may order any such case removed to such county,
subject always to the power of the court of any county to grant a
change of venue as in other cases.
VOTING BY ABSENT ELECTORS IN MILITARY OR
NAVAL SERVICE
Section 736. Any qualified duly registered elector of this state who
is absent from the State of Montana and the county of which he is an
elector on the date of holding any general election, and who is in the
actual military service of the State of Montana, or of the United States
in the army or navy thereof, or who is in the actual service of the
National Red Cross, or the Young Men's Christian association, or the
Young Women's Christian association, or the Knights of Columbus, or
any similar organization auxiliary to the army and navy, and recognized
by the government of the United States, shall be entitled to vote as fully
as if he were present at his place of residence in the manner hereinafter
provided.
Section 737. Within thirty days after the approval of this Act, and
each thirty days following, and thereafter not later than five days after
the general primary election held preceding the general election, the
County Clerk of each and every county within the State of Montana
shall make out and forward by registered mail to the Secretary of the
State and the Adjutant-General of the State of Montana a separate list
of the names of all persons who are qualified registered electors,
known to him to be in the actual service of the army or navy of the
State of Montana, or of the United States of America, or any of the
organizations mentioned in section 736 of this Code, and also the names
of all persons proven to him to be so engaged by the affidavit of two
qualified electors residing within the county.
Section 738. It shall be the duty of the Secretary of State to prepare
and make a general register on cards by counties, in which shall be
entered the names of the voters of the state absent from their respective
counties in time of war in the actual military service of the State of
80 ELECTION LAWS OF MONTANA
Montana, or of the United States of America, or in the actual service
of any of the organizations named in section 736 of this Code, from the
list of names so certified to the said Secretary of State by the County
Clerks of the several counties of the State of Montana. Said cards in
each county shall be arranged in alphabetical order of the names of the
voters, and shall contain the name and residence and precinct of each
such voter, and the name of the county and city or town in which he
resides, and so far as can be ascertained without prejudice to the military
purposes of the federal government of the place or post of duty at which
such elector is stationed.
It is hereby made the duty of the Secretary of State and the Adjutant-
General of the State of Montana to secure the necessary information
to complete such general register from the appropriate naval and military
authorities, or from the most accessible source from which said informa-
tion can be obtained. The Secretary of State shall furnish proper blanks
to the several County Clerks and to the Adjutant-General for such pur-
pose and such general register shall be a public record andn shall at all
reasonable times be open to inspection by any voter in this state.
It is hereby made the duty of every public officer and every citizen
to furnish to the Secretary of State such information as he may possess
relating to such absent voter, and any person who shall refuse so to do,
or who furnishes false information in reference to such absent voters,
shall be deemed guilty of a felony, and shall upon conviction thereof
be punished by imprisonment in the state prison for not less than one
year nor more than three years.
Section 739. It is hereby made the duty of the Secretary of State,
immediately and within twenty-four hours after the canvass of the re-
turns for state offices shall have been completed of any general primary
election, to transmit by telegram to each of the several County Clerks
of the State of Montana the names of any and all candidates of each
and every political party which may be entitled to be printed on the
official ballot for the general election to be held within the State of
Montana.
Section 740. It is hereby made the duty of the County Clerks of the
several counties of the State of Montana to have prepared and printed
the official ballot to be used at the genei-al election, not more than ten
days after the canvass and return of the general primary election and
the receipt by him from the Secretary of State of the names of per-
sons to be printed on the official ballots to be used in said general
election.
Section 741. It is hereby made the duty of the Seci'etary of State,
within ten days after a general primary election, to notify the County
Clerks of the several counties of the State of Montana the number of
absent voters as shown by the register in this Act provided for in each
of the several counties. The County Clerk of each county shall forward
to the Secretary of State one official ballot for each of said persons so
absent from the county in which he resides, and which said official
ballot shall bear endorsed in the proper place as provided by law, the
stamp showing that said ballot is an official ballot, and shall have
ELECTION LAWS OF MONTANA
81
stamped across the face thereof the words, "Ballot of absent voter
engaged in military service." The County Clerk of each county shall,
not later than ten days after he shall have been notified of the result
of the general primary election held preceding the general election, send
to the Secretary of State by registered mail, postage prepaid, one
official ballot, or if there be more than one ballot to be voted by the
elector of such county, one of each kind, for each of said voters.
Section 742. The County Clerk of each county shall cause to be
prepared and printed a sufficient number of official envelopes, to be
used for voters absent from their counties as shown by the general
register herein provided for. Upon one side of said envelope shall be
printed, in substantially the following form, the following:
SECRETARY OF STATE,
pq
.2
tin
o
Helena,
a
£
>
c
c
a
Mont.
Upon the other side of such envelope shall be printed the following:
OATH OF ELECTOR
I do solemnly swear (or affirm) that I am a citizen of the United
States and am now of the age of years, and that I am
a resident of the County of , State of Montana,
and was such resident at the time of my entry in the military service
of the United States, and am entitled to vote in such county at the
general election to be held in the State of Montana on the fifth day of
November, 1918. That I am at the present time engaged in the actual
service of the (here insert the branch
of service engaged in), and absent from the State of Montana by reason
of such service, and that I will have no opportunity to vote in person
on that date; and that I have not received or offered, do not expect to
receive, have not paid, offered or promised to pay, contributed, offered,
or promised to contribute to another, to be paid or used in money or
other valuable thing as compensation or reward for the giving or with-
holding of a vote at this election, and have not made any promise to
influence the giving or withholding of any such vote, and that I have
not made or become, directly or indirectly, interested in any bet or
wager depending upon the result of this election.
Signature of Elector.
82 ELECTION LAWS OF MONTANA
I, the undersigned, do hereby certify that the affiant whose name is
subscribed to the foregoing affidavit was sworn to by and before me,
and that said affiant exhibited to me the enclosed ballot (or ballots) for
inspection before marking, and that the same was (or were) then un-
marked, and that he then, in the presence of myself, and in the presence
of no other person, and in such manner that I could not see his vote,
marked said ballot or ballots, and enclosed and sealed the same in this
envelope; that the affiant was not solicited or advised by me to vote
for or against any candidate or measure.
Section 743. Any such voter shall sign the oath and statement pro-
vided for in the preceding section before a person authorized to admin-
ister an oath as in this Act provided, and may do so at any place in
which the elector may be present, and such elector shall thereupon, in
the presence of such person authorized to administer an oath, and no
other person, mark such ballot or ballots in such manner that such
person cannot see the vote on such ballot or ballots, which shall there-
upon, in the presence of such person, be folded by the voter so the ballot
will be separate so as to seal the vote, and shall be, in the presence of
such person, placed in said envelope without detaching any stub or stubs,
and the said envelope securely sealed. The person before whom such
envelope is sealed shall append his signature and title at the end of
the certificate herein provided; said envelope shall be mailed by such
absent voter, postage prepaid, to the Secretary of State of Montana.
Section 744. Every elector authorized by the provisions of this Act
may cast his ballot at any time before six o'clock p. m. of the day on
which said general election will be held.
Section 745. The Secretary of State shall, within forty-eight hours
after the receipt of the official ballots and envelopes, as provided for
in this Act, from the several County Clerks cause the official ballot or
ballots and envelopes so received to be enclosed in a separate envelope
and addressed to the qualified elector, to be delivered to the Adjutant-
General of the State of Montana who shall cause to be deposited in
the United States mail such ballot, addressed to such qualified electors,
to be forwarded to them through such channels and in such manner as
may have been directed by the military authorities of the government of
the United States, and by such means as shall, in the judgment of the
Adjutant-General of the State of Montana, be best suited to secure their
safe and timely delivery for the use of the voters.
Section 746. Upon receipt of the envelope containing the ballot of
any elector by the Secretary of State, he shall, if the same be received
by him five days before the date of the general election, forward the
same, unopened, in a large envelope by registered mail to the County
Clerk of the county in which such elector resides, and the County Clerk
of the county in which such elector resides shall forthwith enclose the
same, unopened, in a larger envelope, which shall be securely sealed and
endorsed with the name of the proper voting precinct, the name and
official title of such clei^k, and the words "this envelope contains an
absent voter ballot, and must be opened only on election day and at the
ELECTION LAWS OF MONTANA 83
polls when the same are opened"; and such clerk shall safely keep the
same in his office until same is delivered or mailed by him to the judges
of election of the precinct in which such absent voter resides, as provided
by this law.
Section 747. If the envelope containing the vote of an absent voter
be received by the Secretary of State on or after five days preceding the
day of general election, and on or before the first Monday in December
following the general election, such envelope containing the ballot of
such absent voter shall by said Secretary of State, unopened, be deposited
with the State Treasurer, who shall retain the envelopes containing such
ballots until the first Monday in December succeeding the general elec-
tion. On the first Monday of December, the State Canvassing Board shall
convene at the State capitol, and shall in public, at the hour of twelve
o'clock noon, open the envelopes and packages so received, and proceed to
canvass said vote for all persons or measures voted for in the manner
provided by law. The State Board of Canvassers shall cause to be
transmitted by the Secretary of State to the County Clerks of each
county a complete statement of the votes cast for each person, as shown
by the canvass of said vote, and the vote so received by each candidate
shall be added to the total vote received by said person, as shown by the
County Board of Canvassers or the State Board of Canvassers.
Section 748. If the envelope containing the vote of an absent voter
be received by the Secretary of State after the first Monday in December
following the general election, and on or before the fourth Monday in
December following the general election, such envelope containing the
ballot of such absent voter shall by the Secretary of State, unopened,
be deposited with the State Treasurer, who shall retain the envelopes
containing such ballots until the fourth Monday in December succeeding
the general election. On the fourth Monday of December following the
general election, the State Cancassing Board shall convene at the state
capitol and shall in public, at the hour of twelve o'clock noon, open the
envelope and packages so received, and proceed to canvass said vote
for all persons or measures voted for in the manner provided for by law.
The State Board of Canvassers shall cause to be transmitted by the
Secretary of State to the County Clerks of each county a complete
statement of the votes cast for each person, as shown by the can-
vassing of said vote, and the vote so received by each candidate shall
be added to the total vote received by said person as shown by the prior
official canvass. At the meeting of the State Canvassing Board on the
first Monday in December following the general election and on the
fourth Monday in December following the general election the State
Canvassing Board shall proceed to canvass such statements and returns
of the absent voters' ballots herein provided for, and shall from such
statements and returns, together with the statements and retui'ns there-
tofore made of such election, make new and separate statements of the
votes cast in each county, or any part thereof, as shown by the canvass
of such vote, and shall complete their canvass and make the statements
provided for in this Act, and they shall not, until the foui-th Monday in
December following the general election, finally determine the result
84 ELECTION LAWS OF MONTANA
of the election; but nothing herein shall prevent any County Board of
Canvassers or State Board of Canvassers from proceeding as provided
by law, except as to such final determination. Such meeting or meetings
of the Board of County Canvassers or State Canvassers shall be deemed
a continuation of its regular session.
Section 749. The County Board of Canvassers of each county of the
state shall convene at the county seat of their respective counties on the
last day of December, or as soon as the final returns shall have been
received from the Secretary of State, but not later than the Saturday
preceding the first Monday in January following the general election,
and shall from the returns theretofore canvassed by them, together
with such statements and returns as shall have been received from and
certified to by the Secretary of State of Montana, make new and sep-
arate statements of the votes cast in such county, or any part thereof,
and shall complete their canvass and make the final statements provided
for by law, and they shall not until such meeting finally determine the
result of the election; but nothing herein shall prevent the County Board
of Canvassers from proceeding as provided by law for canvassing the
returns of such election, except as to final determination. Such meeting
or meetings of the Board of County Canvassers shall be deemed a con-
tinuation of its regular session.
Section 750. The County Board of Canvassers and the State Board
of Canvassers shall each, in the determination of the number of votes
received by any person for any office, add the total number of votes
received by such person at the general election and canvassed by said
boards in the manner provided by law, the number of votes received by
any such person as canvassed by the State Board of Canvassers, and
the total number of votes so received by any person as a candidate for
any office of the State of Montana shall be the number of votes declared
and determined by the County Board of Canvassers or the State Board
of Canvassers and they shall thereupon declare such person elected as
shown by such vote and shall order issued thereto certificates of election.
Section 751. No statement of returns or any ballot of an absent
voter, as provided in this Act, which shall not have been made or can-
vassed prior to or on the fourth Monday of December succeeding the
general election, shall be canvassed or affect the result of such an elec-
tion; and no return or statement not received by the County or State
Boards of Canvassers at their meetings herein provided for shall be
thereafter canvassed or affect the result of such election.
Section 752. Persons authorized to administer oaths and before
whom an elector may mark his ballot as hereinabove provided shall be:
Any commissioned officer of the army or navy of the United States;
any person in charge of a section, camp, or detachment of any of the
auxiliary organizations mentioned in section seven hundred thirty-six
of this Code, or any person authorized to administer oaths by the laws
of this state or of the United States, or of the county in which the elector
may be and marks his ballot.
Section 753. No mere informality in the matter of carrying out or
executing the provisions of this Act shall invalidate the election, or
ELECTION LAWS OF MONTANA 85
authorize the rejection of the returns thereof, and the provisions of this
Act shall be liberally construed for the purposes herein expressed and
intended. All the provisions of the penal law of the State of Montana
relating to crime against the elective franchise shall be deemed to apply
to the provisions of this Act.
Section 754. All ballots received by the Secretary of State and can-
vassed under this Act shall be securely sealed in separate packages
and retained by him, subject to the order of any court of competent
jurisdiction.
Section 755. The Secretary of State shall cause this Act to be printed
in suitable form and a copy thereof to be forwarded with the ballot to
each person entitled to vote under the provisions of this Act.
Section 756. Nothing in this Act shall be deemed to repeal or amend
any of the provisions of the law now existing relating to elections, but
this Act shall be construed as supplementary to all such laws and de-
signed to carry into effect the purposes herein expressed, but in case
of conflict, or apparent conflict, the provisions of this Act shall, within
its scope and purpose, prevail.
VOTING MACHINE— CONDUCT OF ELECTION WHEN USED
Section 757. The Governor, Secretary of State, and State Auditor,
and their successors in office, are hereby created and constituted the
State Board of Voting-Machine Commissioners. It shall be the duty of
said board to examine all voting or ballot machines in order to determine
whether such machines comply with the requirements of this Act and
can safely be used by voters at elections under the provisions of this
Act, and no machine or machines shall be provided or used at any elec-
tion in this state unless the said machine or machines shall have re-
ceived the approval of a majority of said board as herein provided. Said
board may employ two qualified mechanics, who shall be qualified
electors of the State of Montana, to examine said machines and assist
said board in the discharge of its duties under this Act, the compensation
to be paid such qualified mechanics not to exceed the sum of Ten Dollars
each for each day actually employed. Any machine or machines which
shall have the approval of the majoi-ity of said board may be provided
for in this Act. The report of said board on each and every kind of voting
machine shall be filed with the Secretary of State within thirty days
after examining the machine, and the Secretary of State shall, within
five days after the filing of any report approving any machine or ma-
chines, transmit to the Board of County Commissioners, City Council
or other board of officers having charge and control of elections in
each of the counties and cities of this state, a list of the machines so
approved. No machine or machines shall be used unless they shall have
received the approval of the state board at least sixty days prior to any
election at which such machine or machines are to be used. The compen-
sation of the mechanics and all other expenses connected with the exam-
ination of any machine shall be paid, or caused to be paid, by the person
or company submitting the machine for examination before the filing of
86 ELECTION LAWS OF MONTANA
the report thereon. The amount of such expenses shall be certified by
the State Auditor and paid to the State Treasurer,
Section 758. No machine or machine system shall be approved by the
commission unless it be so constructed as to afford every elector a reason-
able opportunity to vote for any person for any office, or for or against
any proposition for whom, or for or against vv^hich he is by law entitled
to vote, and enable him to do this in secrecy; and it must be so con-
structed as to preclude an elector from voting for any candidate for
the same office or upon any question more than once, and from voting
for any person for any office for whom he is not by law entitled to
vote. The machine or machine system must admit of his voting a split
ticket as he may desire. It must also be so constructed as to register
or record each and every vote cast. For presidential electors on6 device
may be provided for voting for all the candidates of one party at one
time by the use of such device, opposite or adjacent to which shall be
a ballot on the machine containing the names of all the candidates for
all presidential electors of that pai-ty, and a vote registered or recorded
by the use of such device shall be counted for each of such candidates
on said ballot. The machine must be constructed so that it cannot be
tampered with or manipulated for any fraudulent purpose, and the ma-
chine must be so locked, arranged, or constructed that during the
progress of the voting no person can see or know the number of votes
registered or recorded for any candidate.
Section 759. The Boards of County Commissioners of counties of
the first class shall, and the Boards of County Commissioners of other
counties and City Councils of all cities and towns, may, at their option,
adopt and purchase, for use in the various precincts, any voting-machine
approved in the manner above set forth in this Act, by the Voting-
Machine Commission, and none other. If it shall be impracticable to
supply each and every election district with a voting-machine or voting-
machines at any election following the adoption of such machines in a
city, village, or town, as many may be supplied as it is practicable to
procure, and the same shall be used in such precinct of the municipality,
as the proper officers may order. The proper officers of any city,
village, or town may, not later than the tenth day of September, in
any year in which a general election is held, unite two or more precincts
into one for the purpose of using therein at such election a voting-
machine, and the notice of such uniting shall be given in the manner
prescribed by law for the change of election districts.
Section 760. Payment for voting-machines purchased may be pro-
vided by the issuance of interest-bearing bonds, certificates of indebted-
ness, or other obligation, which will be a charge upon such county, city,
or town. Such bonds, certificates, or other obligation may be made
payable at such time or times, not exceeding ten years from the date of
issue, as may be determined, but shall not be issued or sold at less than
par.
Section 761. The room in which the election is held shall have a
railing separating that part of the room to be occupied by the election
officers from that part of the room occupied by the voting-machine. The
ELECTION LAWS OF MONTANA 87
exterior of the voting-machine and every pai-t of the polling place shall
be in plain view of the judges. The machine shall be so placed that no
person on the opposite side of the railing can see or determine how
the voter casts his vote, and that no person can so see or determine
from the outside of the room. After the opening of the polls, the judges
shall not allow any person to pass within the railing to that part of
the room where the machine is situated, except for the purpose of
voting and except as provided in the next succeeding section of this
Act; and they shall not permit more than one voter at a time to be
in such part of the room. They shall not themselves remain or permit
any person to remain in any position that would permit him or them
to see or ascertain how the voter votes or how he has voted. No voter
shall remain within the voting-machine booth or compartment longer
than one minute, and if he should refuse to leave it after that lapse of
time he shall at once be removed by the judges. The election board of
each election precinct in which a voting-machine is used shall consist of
three judges of election. Where moi-e than one machine is to be used in
an election precinct, one additional judge shall be appointed for each
additional machine. Before each election at which voting-machines are
to be used, the custodian shall instruct all judges of election that are to
serve thereat in the use of the machine and their duties in connection
therewith; and he shall give to each judge that has received such in-
struction, and is fully qualified to conduct the election with the machine
a certificate to that effect. For the purpose of giving such instruction,
the custodian shall call such meeting or meetings of the judges of election
as shall be necessary. Each judge of election shall attend such meeting
or meetings and receive such instructions as shall be necessary for
the proper conduct of the election with the machine; and, as compen-
sation for the time spent in receiving such instruction, each judge that
shall qualify for and serve in the election shall receive the sum of
one dollar, to be paid to him at the same time and in the same manner
as compensation is paid to him for his services on election day. No such
judge of election shall serve in any election at which a voting-machine
is used, unless he shall have received such instruction and is fully qual-
ified to perform his duties in connection with the machine, and has re-
ceived a certificate to that effect from the custodian of the machine; pro-
vided, however, that this shall not prevent the appointment of a judge
of election to fill a vacancy in an emergency.
Section 762. If any voter shall, in the presence of the judges of
election, declare that he is unable to read or write the English language,
or that by reason of a physical disability or total blindness he is unable
to register or record his vote upon the machine, he shall be assisted
as provided by Section 699 of the Statutes of 1921, as amended. Any
person who shall deceive any elector in registering or recording his
vote under this section, or who shall register or record his vote in any
other way than as requested by such person or who shall give informa-
tion to any person as to what ticket or for what person or persons
such person voted, shall be punished as provided in section 10753 of the
Penal Code.
88 ELECTION LAWS OF MONTANA
Section 763. Not more than ten (10) or less than three (3) days
before each election at which voting-machines are to be used, the board,
or officials, charged with the duty of providing ballots, shall publish in
newspapers representing at least two (2) political parties a diagram of
reduced size showing the face of the voting-machine, after the official
ballot labels are arranged thereon, together with illustrated instruc-
tions how to vote, and a statement of the locations of such voting-
machines as shall be on public exhibition; a voting-machine shall at all
time be on exhibition for public demonstration in the office of the
County Clerk and Recorder in the counties where said voting-machines
are used, and it shall be the duty of the said County Clerk and Recorder
to demonstrate and explain the working and operation of said voting-
machine to any inquiring voter; or in lieu of such publication, said board
or officials may send by mail or otherwise at least three (3) days before
the election, a printed copy of said reduced diagram to each registered
voter. Not later than forty (40) days before each election at which voting-
machines are to be used, the Secretary of State shall prepare samples of
the printed matter and supplies named in this section, and shall furnish
one of each thereof to the board of officials having charge of election in
each county, city or village in which the machines are to be used,
such samples to meet the requirements of the election to be held, and
to suit the construction of the machine to be used. The board or officials
charged with the duty of providing ballots, shall provide for each voting-
machine for each election the following printed matter and supplies:
suitable printed or written directions to the custodian for testing and
preparing the voting-machines for the election; one certificate on which
the custodian can certify that he has properly tested and prepared the
voting-machine for the election; one certificate on which some person
other than the custodian preparing the machine, can certify that the
voting-machine has been examined and found to have been properly
prepared for the election; one certificate on which the party representa-
tives can verify that they have witnessed the testing and preparation of
the machines; one certificate on which the deliverer of the machine can
certify that he has delivered the machines to the polling-places in good
order; one card stating the penalty for tampering with or injuring a
voting-machine; two seals for sealing the voting-machine; one envelope
in which the keys to the voting-machine can be sealed and delivered to
the election officers, said envelope to have printed or written thereon
the designation and location of the election district in which the machine
is to be used, the number of machine, the number shown on the protective
counter thereof after the machine has been prepared for the election and
the number or other designation on such seal as the machine is sealed
with; said envelope to have attached to it a detachable receipt for the
delivery of the keys of the voting-machine to the judges of election;
one envelope in which keys to the voting-machine can be returned by
the election officers after the election; one card stating the name and
telephone address of the custodian on the day of the election; two state-
ments of canvass on which the election officers can report the canvass of
the votes as shown on the voting-machine, together with other necessary
information relating to the election, said statements of canvass to take
ELECTION LAWS OF MONTANA 89
the place of all tally papers, statements, and returns as provided hereto-
fore; three (3) complete sets of ballot labels; two diagrams of the face
of the machine with the ballot labels thereon, each diaj^ram to have
printed above it the proper instructions to voters for voting on the ma-
chine; six (6) suitable printed instructions to judges of election; six (6)
notices to judges of election to attend the instruction meeting; six (6)
certificates that the judges of election have attended the instruction
meeting, have received the necessary instruction, and are qualified to
conduct the election with the machine. The ballot labels shall be printed
in black ink on clear white material of such size and arrangement as
shall suit the construction of the machine; provided, however, that the
ballot labels for the questions may contain a condensed statement of
each question to be voted on, followed by the words "Yes" and "No";
and provided further, that the titles of the officers thereon shall be
l)rinted in type as large as the space for each office will reasonably
permit, and wherever more than one candidate will be voted for for an
office, there shall be printed below the office title thereof the words
"vote for any two," or such number as the voter is lawfully entitled to
vote for for such office. When any person is nominated for an office by
moi*e than one political party his name shall be placed upon the ticket
under the designation of the party which first nominated him ; or, if
nominated by more than one party at the same time, he shall, within the
time fixed by law for filing certificates of nomination, file with the offi-
cer with whom his certificate of nomination is required to be filed, a
written statement indicating the party designation under which he de-
sires his name to appear upon the ballot, and it shall be so printed. If he
shall refuse or neglect to so file such a statement, the officer with whom
the certificate of nommation is required to be filed shall place his name
under the designation of either of the parties nominating him, but under
no other designation whatsoever. If the election be one at which all the
candidates for office of Presidential electors are to be voted for with
one device, the County Commissioners shall furnish for each machine
twenty-five (25) ballots for each political party, each ballot containing
the names of the candidates for the office of Presidential electors of
such party and a suitable space for writing in names, so that the voter
can vote thereon for part of the candidates for the office of Presidential
electors of one party and part of the candidates therefor of one or more
other parties or for persons for that office not nominated by any party.
For election precincts in which voting-machines are to be used, no books
01 blanks for making poll-lists shall be provided, but in lieu thereof, the
registry lists shall contain a column in which can be entered the number
of each voter's ballot as indicated by the number registered on the public
counter as he emerges from the voting machine.
Section 764. The City or County Clerks of each city or county in
which a voting-machine is to be used shall cause the proper ballots to
be put upon each machine corresponding with the sample ballots herein
provided for, and the machines in every way put in order, set and ad-
justed ready for use in voting when delivered at the precinct, and for
the purpose of so labeling the machines, putting in order, setting and
adjusting the same, they may employ one or more competent persons,
90 ELECTION LAWS OF MONTANA
and they shall cause the machine so labeled, in order and set and adjust-
ed, to be delivered at the voting precinct, together w^ill all necessary-
furniture and appliances that go with the same in the room v^^here the
election is to be held in the precinct, in time for the opening of the polls
on election day; provided, however, that a shield of tin painted black
made to conform with the shape of the keys or levers on said voting-
machine, shall be placed over the keys or levers not in use on the face
of the ballot of the voting machine; said shields to be plainly marked
with the words "not in use"; and provided that a space of at least one
row of keys or levers be left vacant and marked "not in use" between
the rows assigned to the two parties obtaining the largest number of
votes cast at the previous general election; and provided also that the
general ballot used on the voting-machine shall conform in the location
of the various pai'ties and the location of the various names of the can-
didates, with the paper ballots used in the precincts where voting-ma-
chines are not in use. Thus the party assigned to the fix'st vertical col-
umn on the paper ballot be given the first vertical column or the top
horizontal row on the voting machine; the party assigned to the second
vertical column on the paper ballot be given the second vertical column,
or the second horizontal row to be voted on the voting machine. The
judges shall compare the ballots on the machine with the sample ballot,
see that they are correct, examine and see that all counters, if any, in
the machine are set at zero, and that the machine is otherwise in perfect
order, and they shall not thereafter permit the machine to be operated
or moved except by electors in voting, and they shall also see that all
necessary arrangements and adjustments are made for voting irregular
ballots on the machine, if such machine be so arranged.
Section 765. In case a voting-machine be adopted which provides for
the registry or recording of votes for candidates whose names are not
on the official ballot, such ballot shall be denominated irregular ballots.
A person whose name appears on a ballot, or on or in a machine or
machine system, shall not be voted for for the same office or on or in
any regular device for casting an irregular ticket, and any such vote
shall not be counted, except for the office of Presidential electors, and an
elector may vote in or on such irregular device for one or more persons
nominated by one party with one or more persons nominated by any one
oi" all other parties or for one or more persons nominated by one or more
parties with one or more persons not in nomination, or he may vote in
such irregular device a Presidential electoral ticket composed entirely of
names of persons not in nomination.
Section 766. As soon as the polls of the election are closed the judges
shall immediately lock the machine, or remove the recording device so as
to pi'ovide against voting, and open the registering or recording com-
partments in the presence of any person desiring to attend the same,
and shall proceed to ascertain the number of votes cast for each person
voted for at the election, and to canvass, record, announce, and return
the same as provided by law.
Section 767. The judges as soon as the count is completed and fully
ascertained, shall place the machine for one hour in such a position that
ELECTION LAWS OF MONTANA 91
the registerini? or i-ecordinp,' compai-tments will be in full view of the
public and any person desiring: to view the number of votes cast for
each person voted for at the election, must be permitted to do so. Imme-
diately after the above said one hour shall have expired, the judges shall
seal, close, lock the machine or remove the record so as to provide against
voting or being tampered with, and in case of a machine so sealed or
locked, it shall so remain for a period of at least thirty (30) days, unless
opened by oi'der of a court of competent jurisdiction. When irregular
ballots have been voted, the judges shall I'eturn them in a properly sealed
package endorsed "irregular ballots," and indicating the precinct and
county and file such package with the City or County Clerk. It shall be
preserved for six (6) months after such election and may be opened and
its contents examined only upon an order of a court of competent jurisdic-
tion; at the end of such six (6) months unless ordered otherwise by the
court, such package and its contents shall be destroyed by the City or
County Clerk. All tally sheets taken from such machine, if any, shall be
retui'ned in the same manner. The officers heretofore charged with the
duty of furnishing tally sheets and returns blanks shall furnish suitable
returns blanks and certificates to the officers of election. Such return
sheets shall have each candidate's name designated by the same refer-
ence character that said candidate's name bears on the ballot labels and
counters, and shall make provision for writing in of the vote for such
candidate in figures and shall also provide for writing in of the vote
in words. Such return sheet shall also provide for the return of the vote
on questions. It shall also have a blank thereon, on which can be marked
the precinct, ward, etc., of which said return sheet bears the returns and
the number and make of the machine used. Said return sheet shall also
have a certificate thereon, to be executed before the polls open by the
judges of election, stating that all counters except the protective counter,
if any, and except as otherwise noted thereon, stood at "000" at the be-
ginning of the election, and that all of said counters had been carefully
examined before the beginning of the election; that the ballot labels
were correctly placed on the machine and correspond to the sample bal-
lot, and such other statements as the particular machine may require:
and shall provide for the signature of the election officers. Said return
sheet shall also have thereon a second certificate stating the manner of
closing the polls, the manner of verifying the returns, that the foi-egoing
returns are correct, giving the indication of the public counter, and poll-
list, and protective counter, if any, at the close of the election. Such cer-
tificate shall properly specify the procedure of canvassing the vote and
locking the machine, etc., for the particular type of machine used, and
such certificate shall be such that the election officers can properly sub-
scribe to it as having been followed and shall have provisions for the
signature of the election officers. The election officers shall conform
their procedure to that specified in the certificate to which they must
certify. The certificate and attest of the election officers shall appear
on each return sheet.
Section 768. All laws of this state applicable to elections where voting-
is done in another manner than by machine, and all penalties prescribed
for violation of such laws, shall apply to elections and precincts where
92 ELECTION LAWS OF MONTANA
voting machines are used, in so far as they are not in conflict with the
provisions of this chapter.
Section 769. Any public officer or any election officer upon whom
any duty is imposed by this Act, who shall wilfully neglect or omit to
perform any such duties, or do any act prohibited herein for which pun-
ishment is not otherwise provided herein, shall, upon conviction, be im-
prisoned in the state prison for not less than one year or more than three
years, or be fined in any sum not exceeding one thousand dollars, or may
be punished by both such imprisonment and fine.
Section 770. Any person not being an election officer who, during
any election or before and election, after a voting-machine has had
placed upon it the ballots for such election, shall tamper with such ma-
chine, disarrange, deface, injure, or impair the same in any manner, or
mutilate, injure or destroy any ballot placed thereon or to be placed
thereon, or any other appliance used in connection with such machine,
shall be imprisoned in the state prison for a period of not more than ten
years, or be fined not more than one thousand dollars, or be punished by
both such fine and imprisonment.
Section 771. Whoever, being a judge of election, with intent to per-
mit or cause any voting-machine to fail to correctly register or record
any vote cast thereon, tampers with or disarranges such machine in any
way, or any part or appliance thereof, or who causes or consents to said
iiiachine being used for voting at any election with knowledge of the fact
that the same is not in order or not perfectly set and adjusted, so that it
will correctly register or record all votes cast thereon, or who, for the
purpose of defrauding or deceiving any voter, or causing it to be doubt-
ful for what ticket or candidate or candidates or proposition any vote
is cast, or of causing it to appear upon said machine that votes cast for
one ticket, candidate, or proposition were cast for another ticket, candi-
date, or proposition, removes, changes, or mutilates any ballot on said
machine, or any part thereof, or does any other like thing, shall be im-
prisoned in the state prison not more than ten years, or fined not exceed-
ing one thousand dollars, or punished by both such fine and imprison-
ment.
Section 772. Any judge or clerk of an election who shall pui-posely
cause the vote registered or recorded on or in such machine to be incor-
rectly taken down as to any candidate or proposition voted on, or who
shall knowingly cause to be made or signed any false statement, certifi-
cate, or return of any kind, of such vote, or who shall knowingly consent
to such things, or any of them, being done, shall be imprisoned in the
state prison not more than ten years, or fined not more than one thou-
cand dollars, or punished by both such fine and imprisonment.
Section 773. The proper officers authorized by this Act to adopt
voting machines, may provide for the experimental use of an election in
one or more precincts, of a machine approved by the Montana Voting-
Machine Commission without a formal adoption or purchase thereof
and its use at such election shall be as valid for all purposes as if form-
ally adopted. If from any cause a machine becomes unworkable, or unfit
ELECTION LAWS OF MONTANA 93
for use, votine: shall proceed as in cases where machines are not used,
and the County Clerk must furnish each votinp: place with the supply
of ballots and other supplies required by the election laws to be used
in the case of emergency herein provided for, and in such case only.
ELECTION RETURNS
Section 774. As soon as the polls ai-e closed, the judges must imme-
diately proceed to canvass the votes given at such election. The canvass
must be public in the presence of bystanders and must be continued with-
out adjournment until completed and the result thereof is publicly de-
clared.
Section 775. The canvass must commence by a comparison of the
poll-lists from the commencement, and the correction of any mistakes
that may be found therein, until they are found to agree. The judges
must then take out of the box the ballots unopened except to ascertain
whether each ballot is single, and count the same to determine whether
the number of ballots corresponds with the number of names on the poll-
lists. If two or more ballots are found so folded together as to present
the appearance of a single ballot, they must be laid aside until the count
of the ballots is completed, and if, on comparing the count with the poll-
lists and further considering the appearance of such ballots, a majority
of the judges are of the opinion that the ballots thus folded .together
were voted by one elector, they must be rejected; otherwise they must
be counted.
Section 776. If the ballots then are found to exceed in number the
whole number of names on the poll-list, they must be placed in the box
(after being purged in the manner above stated), and one of the judges
must, publicly, and without looking in the box, draw therefrom singly
and destroy unopened so many ballots as are equal to such excess. And
the judges must make a record on the poll-list of the number of ballots
so destroyed.
Section 777. In the canvass of the votes, any ballot which is not en-
dorsed as provided in this Code by the official stamp is void and must
not be counted, and any ballot or parts of a ballot from which it is im-
possible to determine the elector's choice is void and must not be counted;
if part of a ballot is sufficiently plain to gather therefrom the elector's
intention, it is the duty of the judges of election to count such part.
Section 778. The ballots and poll-lists agreeing or being made to
agree, the judges must then proceed to count and ascertain the number
of votes cast for each person voted for. In making such count the ballots
must be opened singly by one of the judges, and the contents thereof,
while exposed to the view of the other judges, must be distinctly read
aloud by the judge who opens the ballot. As the ballots are read, each
clerk must write at full length on a sheet to be known as a tally-sheet
the name of every person voted for and of the office for which he re-
ceived votes, and keep by tallies on such sheet the number of votes for
each person. The tally-sheets must then be compared and their correct-
ness ascertained, and the clerks must, under the supervision of the judges,
immediately thereafter set down, at length and in their proper places
94 EL1CTION LAWS OF MONTANA
ir the poll-books the names of all persons voted for, the offices for which
they respectively received votes, and the total number of votes received
by each person, as shown by the tally-sheets. No ballot or vote rejected
by the judges must be included in the count provided for in this section.
Section 779. The ballots, as soon as read or rejected for illegality,
must be strung upon a string by one of the judges, and must not there-
after be examined by any person, but must, as soon as all legal ballots
are counted, be carefully sealed in a strong envelope, each member of
the judges writing his name across the seal.
Section 780. Any ballot rejected for illegality must be marked by
the judges, by writing across the face thereof "Rejected on the ground
of ," filling the blank with a brief
statement of the reasons for the rejection, which statement must be
dated and signed by a majority of the judges.
Section 781. As soon as all the votes are counted and the ballots
sealed up, the poll-books must be signed and certified to by the judges
and clerks of election substantially as in the form in Section 600 of this
Code.
Section 782. The judges must, before they adjourn, inclose in a strong
envelope, securely sealed up and directed to the County Clerk, the check
lists, all certificates of registration received by them, one of the lists of
the persons challenged, one of the poll-books, one of the tally-sheets, and
the official oaths taken by the judges and clerks of election; and must
inclose in a separate package or envelope, securely sealed up and directed
to the County Clerk, all detached stubs from ballots voted and all unused
ballots with the numbered stubs attached; and must also inclose in a
separate package or envelope, securely sealed up and directed to the
County Clerk, all ballots voted, including all voted ballots which, for any
reason, were not counted or allowed, and indorse on the outside thereof
"Ballots voted." Each of the judges must write his name across the seal
of each of said envelopes or packages.
Section 783. The judges must select one of their number to retain,
open to the inspection of all electors, for at least six months, the other
list of persons challenged, the other tally-sheet and poll-book. The
judge so selected must also retain the ballot-box.
Section 784. The sealed envelope containing the check-lists, certifi-
cates of registration, poll-book, tally-sheets, oaths of election officers,
also the package or envelope containing the detached stubs and unused
ballots, must, before the judges adjourn, be delivered to one of their
number, to be determined by lot, unless otherwise agreed upon.
Section 785. The judges to whom such packages ai'e delivered must,
within twenty-four hours, deliver them, without their having been opened,
to the County Clerk, or convey the same, unopened, to the postoffice
nearest the house in which the election for such precinct was held, and
register and mail the same, duly directed to the said clerk.
Section 786. Upon receipt of the packages by the County Clerk, he
must file the one containing the ballots voted and the one containing
the detached stubs and unused ballots, and must keep them unopened
and unaltered for twelve months, after which time if there is no contest
ELECTION LAWS OF MONTANA 95
commenced in some tribunal having jui'isdiction about such election, he
must burn such packages, or envelopes, without opening or examining
their contents.
Section 787. If, within twelve months, there is such a contest com-
menced, he must keep the packages of envelopes unopened and unaltered
until it is finally determined, when he must, as provided in the preced-
ing section, destroy them, unless the same ai'e by virtue of an order of
the tribunal in which the contest is pending, brought and opened before
it to the end that evidence may be had of their contents, in which event
the packages or envelopes and their contents are in the custody of such
tribunal.
Section 788. The envelopes containing the check-lists, certificates of
registration, poll-book, tally-sheets, and oaths of election officers must
be filed by the County Clei'k and be kept by him, unopened and unaltei-ed,
until the Board of County Commissioners meet for the purpose of can-
vassing the returns, when he must produce them before such board,
where the same shall be opened.
Section 789. As soon as the returns are canvassed, the clerk must
file in his office the poll-book, lists, and the papers produced before the
board from the package mentioned in the next preceding section.
CANVASS OF ELECTION RETURNS— RESULTS AND CERTIFI-
CATES
Section 790. The Board of County Commissioners of each county is
ex-officio a Board of County Canvassers for the county, and must meet
as the Board of County Canvassers at the usual place of meeting of the
County Commissioners within ten days after each election at twelve
o'clock noon, to canvass the returns.
Section 791. If, at the time and place appointed for such meeting,
one or mere of the County Commissioners should not attend, the place
of the absentees must be supplied by one or more of the following county
officers, whose duty it is to act in the order named, to-wit, the
Treasurer, the Assessor, the Sheriff, so that the Board of County Can-
vassers shall always consist of three acting members. The Clerk of the
Boai'd of County Commissioners is the Clerk of the Board of County
Canvassers.
Section 792. If, at the time of meeting, the returns from each pre-
cinct in the county in which polls were opened have been received, the
Board of County Canvassers must then and there proceed to canvass the
returns; but if all the returns have not been received, the canvass must
be postponed from day to day until all of the returns are received, or
until seven postponements have been had. If the returns from any elec-
tion precinct have not been received by the County Clerk within seven
days after any election, it is his duty forthwith to send a messenger to
the judges for the missing returns, who must procure such returas from
the judges, or any of them, and return the same to the County Clerk.
Such messenger must be paid out of the county treasury fifteen cents
per mile in going and coming. If it appears to the boai'd, by evidence,
that the polls were not opened in any precinct, and no returns have
been received therefrom, the board must certify to the same, and file
96 ELECTION LAWS OF MONTANA
such certificate with the County Clerk, with the evidence, if any, who
must enter the same in the minutes and in the statement mentioned in
Section 794.
Section 793. The canvass must be made in public by opening the
returns and determining therefrom the vote of such county or precinct
for each person voted for, and for and against each proposition voted
upon at such election, and declaring the result thereof. In canvassing,
no returns must be rejected if it can be ascertained therefrom the num-
ber of votes cast for each person. The fact that the returns do not show
who administered the oath to the judges or clerks of election, or a failure
to fill out all the certificates in the poll-books, or to do or perform any
other act in making up the returns, that is not essential to determine
for whom the votes were cast, is not such an irregularity as to entitle
the board to reject the same, but they must be canvassed as other re-
turns are.
Section 794. The clerk of the board must, as soon as the result is
declared, enter on the records of such board a statement of such result,
which statement must show:
1. The whole number of votes cast in the county.
2. The names of the persons voted for and the propositions voted
upon.
3. The office to fill which each person was voted for.
4. The number of votes given at each precinct to each of such per-
sons, and for and against each of such propositions.
5. The number of votes given in the county to each of such persons,
and for and against each of such propositions.
Section 795. The person receiving at any election the highest num-
ber of votes for any office to be filled at such election is elected thereto.
Section 796. The board must declare elected the person having the
highest number of votes given for each office to be filled by the votes of
a single county or a subdivision thereof, and in the event of two or more
persons receiving an equal and sufficient number of votes to elect to the
office of State Senator, or member of the House of Representatives, it
shall be the duty of the board, under the direction of and in the pres-
ence of the District Court, or Judge thereof, to recount the ballots cast
for such persons, and the board shall declare elected the person or per-
sons shown by the recount to have the highest number of votes. If such
recount shall show that two or more such persons receive an equal
and sufficient number of votes to elect to the same office, then, and
in that event, the board shall certify such facts to the Governor.
Section 797. The Clerk of the Board of County Commissioners must
immediately make out and deliver to such person (except to the person
elected District Judge) a certificate of election signed by him and au-
thenticated with the seal of the Board of County Commissioners.
Section 798. Where there are members of the House of Representatives
voted for by the electors of a district composed of two or more counties,
each of the clerks of the counties composing such district, immediately
after making out the statement specified in Section 794, must make a
certified abstract of so much thereof as relates to the election of such
officers.
ELECTION LAWS OF MONTANA 97
Section 799. The clerk must seal up such abstract, indorse it "Elec-
tion Returns," and without delay transmit the same by mail to the Clerk
of the Board of Commissioners of the county which stands first in alpha-
betical arrangement in the list of counties composing such district.
Section 800. The clerk to whom the i-eturns of a district are made
must on the twentieth day after such election, or sooner, if the returns
from all the counties in the district have been received, open in pubMc
such returns, and from them and the statement of the vote for such
officers in his own county:
1. Make a statement of the vote of the district for such officers, and
file the same, together with the returns, in his office.
2. Transmit a certified copy of such statement to the Secretary of
State.
3. Make out and deliver or transmit by mail to the persons elected
a certificate of election (unless it is by law otherwise provided).
Section 801. When there has been a general or special election for
officers voted for by the electors of the State at large or for judicial
officers (except Justices of the Peace), each Clerk of the Board of
County Canvassers, so soon as the statement of the vote of his county is
made out and entered upon the records of the Board of County Commis-
sioners, must make a certified abstract of so much thereof as relates
to the votes given for persons for said offices to be filled at such elec-
tion.
Section 802. The clerk must seal up such abstract, endorse it "Elec-
tion Returns," and without delay transmit it by mail, registered, to the
Secretary of State.
Section 803. On the first Monday of December after the day of elec-
tion, at twelve o'clock noon, the State Auditor, State Treasurer, and
Attorney General, who constitute a Board of State Canvassers, must
meet in the office of the Secretary of State and compute and determine
the vote, and the Secretary of State, who is secretary of said board, must
make out and file in his office a statement thereof and transmit a copy
of such statement to the Governor.
Section 804. If the returns from all the counties have not been re-
ceived on the fifth day before the day designated for the meeting of the
Board of State Canvassers, the Secretary of State must foi'thwith send
a messenger to the Clerk of the Board of County Canvassers of the
delinquent county, and such clerk must furnish the messenger with a
certified copy of the statement mentioned in Section 794. The person
appointed is entitled to receive as compensation Five Dollars per day for
the time necessarily consumed in such service, and the traveling expenses
necessarily incurred. His account therefor, certified by the Secretary of
State, after being allowed by the Board of Examiners, must be paid ouc
of the general fund of the state treasury.
Section 805. Upon receipt of such copy mentioned in Section 803,
the Governor must issue commissions to the persons who from it appear
to have received the highest number of votes for offices to be filled at
such election. In case a Governor has been elected to succeed himself,
the Secretary of State must issue the commission.
98 ELECTION LAWS OF MONTANA
Section 806. No declaration of the result, commission, or certificate
must be withheld on account of any defect or informality in the return
of any election, if it can with reasonable certainty be ascertained from
such return what office is intended and who is elected thereto.
Section 807. It is the duty of the Secretary of State to cause to be
published, in pamphlet form, a sufficient number of copies of election
laws and such other provisions of law as bear upon the subject of elec-
tions and to transmit the proper number to each County Clerk, whose
duty it is to furnish each election officer in his county with one of such
copies.
Section 808. The penalties for the violation of election laws are pre-
scribed in Sections 10747 to 10820 of the Penal Code.
FAILURE OF ELECTIONS— PROCEEDINGS ON TIE VOTE
Section 809. In case of a failure, by reason of a tie vote or other-
wise, to elect a Representative in Congress, the Secretary of State must
transmit to the Governor a certified statement showing the vote cast
for such persons voted for, and in case of a failure to elect, by reason of
a tie vote or otherwise, the Governor must order a special election.
Section 810. In case any two or more persons have an equal and
highest number of votes for either Governor, Lieutenant Governor, Sec-
retary of State, Attorney General, State Auditor, State Treasurer, Clerk
of the Supreme Court, Superintendent of Public Instruction, or any other
State executive officer, the Legislative Assembly, at its next regular
session, must forthwith, by joint ballot of the two houses, elect one of
such persons to fill such office; and in case of a tie vote for Clerk of
the District Court, County Attorney, or for any county officer except
County Commissioner, and for any township officer, the Board of County
Commissioners must appoint some eligible person, as in case of other
vacancies in such offices; and in case of a tie vote for County Commis-
sioner, the District Judge of the county must appoint an eligible person
to fill the office, as in other cases of vacancy.
Section 811. In case of a tie vote for state officers, as specified in
the preceding section, it is the duty of the Secretary of State to transmit
to the Legislative Assembly, at its next regular session, a certified copy
of the statement showing the vote cast for the two or more persons hav-
ing an equal and the highest number of votes for any state office.
Section 812. In case any two or more persons have an equal and
highest number of votes for Justice of the Supreme Court or Judge of
a District Court, the Secretary of State must transmit to the Governor a
certified statement showing the vote cast for such person, and thereupon
the Governor must appoint an eligible person to hold office as in case
of other vacancies in such offices.
PRESIDENTIAL ELECTORS— HOW CHOSEN
Section 813. At the general election in November, preceding the time
fixed by law of the United States for the choice of President and Vice-
President of the United States, there must be elected as many Electors
of President and Vice-President as this state is entitled to appoint.
ELECTION LAWS OF MONTANA 99
Section 814. The votes for Electors of President and Vice-President
must be canvassed, certified to, and returned in the same manner as the
votes for state officers.
Section 815. The Governor must transmit to each of the electors a
certificate of election, and on or before the day of their meeting: deliver
to each of the electors a list of the names of electors, and must do all
other things required of him in the premises by any Act of Congress in
force at the time.
Section 816. The electors chosen must assemble at the seat of gov-
ernment on the second Monday in January next after their election, at
two o'clock in the afternoon.
Section 817. In case of the death or absence of any elector chosen,
or in case the number of electors from any cause be deficient, the electors
then present must elect, from the citizens of the state, so many persons
as will supply such deficiency.
Section 818. The electors, when convened, must vote by ballot for one
person for President and one for Vice-President of the United States,
one of whom at least is not an inhabitant of this state.
Section 819. They must name in their ballots the persons voted for
as President, and in distinct ballots the persons voted for as Vice-Presi-
dent.
Section 820. They must make distinct lists of all persons voted for
as President, and of all persons voted for as Vice-President, and of the
number of votes given for each.
Section 821. They must certify, seal up, and transmit such lists in
the manner prescribed by the constitution and laws of the United States.
Section 822. Electors receive the same pay and mileage as is allowed
to members of the Legislative Assembly.
Section 823. Their accounts therefor, certified by the Secretary of
the State, must be audited by the State Auditor, who must draw his
wai-rants for the same on the Treasurer, payable out of the general fund.
CHAPTER 126
(Laws of 1927)
An Act Relating to Elections, Providing a Method of Electing Presiden-
tial Electors and Delegates to National Conventions by Political Par-
ties, and Repealing all Acts and Parts of Acts in Conflict Herewith.
Be it enacted by the Legislative Assembly of the State of Montana:
Section 1. The term Political Party as used in this Act shall include
any party conducted for political purposes, which now has or hereafter
shall perfect a national organization.
Section 2. All political parties in Montana shall hereafter nominate
their presidential electors and elect their delegates to National Conven-
tions in the manner provided by this Act. It shall be the duty of each
political party to select in each county in the state in such manner as
is now provided by law, or by the rules of the party in case the law does
not so provide, a pi'ecinct committeeman for each election precinct, a
county chairman in each county and a state chairman.
100 ELECTION LAWS OF MONTANA
Section 3. In each year when a President of the United States is to
be chosen a county convention shall be held by each political party on
the second Tuesday in May in each county in the state, composed of the
county precinct committeemen of the party. The chairman of the County
Central Committee shall call said county convention and not less than
ten days nor more than two weeks before the date of the convention,
shall publish said call in a newspaper published at the county seat and
shall mail a copy of the call to each precinct committeeman. In the
event there is no county central committee in any county, the state
central committee of the political party having no county central com-
mittee in said county shall appoint a county central committee therein
and said county central committee shall have the same powers and duties
as county central committee selected as now provided by law.
Section 4. The county chairman of the party shall preside at the
county convention. No person other than a duly elected or appointed
precinct committeeman shall be entitled to sit in said convention or
participate in its proceedings. No proxy shall be recognized unless held
by an elector of the precinct of the committeeman executing the same.
In case of the absence of any precinct committeeman and his duly ap-
pointed proxy, the convention may fill the vacancy by appointing some
qualified elector of the party, resident in the precinct, to represent such
precinct in the convention.
Section 5. Said county convention shall organize by the appointment
of a secretary, who, with the chairman of the meeting, shall issue and
sign certificates of election to the delegates and alternates elected by
xhe convention. The convention shall elect delegates and alternate dele-
gates to attend the state convention, in a number equal to the total
number of State Senators and Representatives elected from said county
to the Legislative Assembly.
Section 6. On the third Tuesday in May the delegates (or alternate
delegates in case any elected delegates can not attend) shall hold a state
convention at the seat of government for the purpose of electing dele-
gates and alternates to the national convention of the party, and presi-
dential electors.
Section 7. Said state convention shall be conducted in accordance
with the party rules, subject, however, to the following requirements:
The Chairman of the State Central Committee shall call the state
convention and shall publish the call at least once in a newspaper pub-
lished at the seat of the government. Said call shall be published not less
than ten (10) days nor more than two (2) weeks before the date of
the convention and a copy of the call shall be mailed to the County
Chairman in each county. The Chairman of the State Central Committee
shall preside over the convention and, together with a secretary chosen
by the convention, shall sign certificates of election, which shall be de-
livered as credentials to the several persons elected by the convention
as delegates to the national convention of said party, and certificates
of nomination for presidential electors for said party which shall be filed
with the Secretary of State. Only regularly elected delegates or alter-
nates shall be entitled to sit in said convention or participate in its pro-
ELECTION LAWS OF MONTANA 101
ceedingrs and no proxies shall be recoprnized by the convention. In case
of the absence of a member or members of the delegation elected from
any county the delegates present for said county shall be entitled to cast
a number of votes equal to the number of delegates elected to the conven-
tion from said county.
Section 8. The entire expense of conducting the county and state
conventions herein provided for shall be defrayed by the several political
parties, except that each elected delegate or alternate who shall attend
the state convention and participate therein shall receive the sum of five
(5c) cents per mile for each mile actually travelled by him in .going to
and returning from said convention, said mileage to be computed by the
shortest practicable route, and to be paid out of the general funds of
the county in the same manner as other election expenses.
Section 9. All Acts and parts of Acts in conflict herewith are hereby
repealed.
Approved March 9, 1927.
MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES
Section 824. The election of Senators in Congress of the United
States for full terms must be held on the first Tuesday after the first
Monday in November next preceding the commencement of the term to
be filled; and the election of Senators in Congress of the United States
to fill vacancies therein must be held at the time of the next succeeding
general state election following the occurrence of such vacancy; if any
election therefor be invalid or not held at such time, then the same shall
be held at the second succeeding general state election. Nominations
of candidates and elections to the office shall be made in the same man-
ner as is provided by law in case of Governor.
Section 825. When a vacancy happens in the office of one or more
Senators from the State of Montana in the Congress of the United States,
the Governor of this state shall issue, under the seal of the state, a writ
or writs of election, to be held at the next succeeding general state elec-
tion, to fill such vacancy or vacancies by vote of the electors of the
state; provided, however, that the Governor shall have power to make
temporary appointments to fill such vacancy or vacancies until the
electors shall have filled them.
Section 826. At the general election to be held in the year eighteen
hundred and ninety-two, and at the general election every two years
thereafter, there must be elected for each congressional district one
Representative to the Congress of the United States.
(Note — Montana is now entitled to two Representatives in Congress.)
Section 827. The vote for Representative in Congress must be can-
vassed, certified to, and transmitted in the same manner as the vote for
state officers.
Section 828. The Governor must, upon the receipt of the statement
mentioned in Section 803 of this Code, transmit to the person elected a
certificate of his election, sealed with the great seal and attested by the
Secretarv of the State.
102 ELECTION LAWS OF MONTANA
CONTESTING ELECTIONS
Section 829. Election contests are governed by the provisions of Sec-
tions 659 to 661, and Sections 10810 to 10814 of these Codes.
ELECTIONS RELATING TO SCHOOL MATTERS
Superintendent of Public Instruction.
Section 931. There shall be chosen by the qualified electors of the
state, at the time and place of voting for members of the legislature, a
superintendent of public instruction, who shall have attained the age of
thirty y6ars at the time of his election, and shall have resided within the
state two years next preceding his election, and is the holder of a state
certificate of the highest grade, issued in some state, and recognized by
the state board of education, or is a graduate of some university, college,
or normal school recognized by the state board of education as of equal
rank with the university of Montana or the state normal school. He
shall hold his office at the seat of government for the term of four
years from the first Monday in January following his election, and until
his successor is elected and qualified. ******
County Superintendent of Schools.
Section 951. A county superintendent of schools shall be elected in
each organized county in this state at the general election preceding the
expiration of the term of office of the present incumbent, and every two
years thereafter.
School Trustees.
Section 985. Any person, male or female, who is a qualified voter at
any election under this Act, shall be eligible to the office of school
trustee in such district.
Section 986. In districts of the first class, the number of trustees
shall be seven, in districts of the second class the number of trustees
shall be five, and in districts of the third class the number of trustees
shall be three.
Section 987. An annual election of school trustees shall be held in
each school district in the state on the* first Saturday in April of each
year at the district schoolhouse, if there be one, and if there be none,
at a place designated by the board of trustees. In districts of the third
class having more than one schoolhouse where school is held, one trustee
must be elected from persons residing where such outside schools are
located.
Section 988. In districts of the second and third class, the names of
all candidates for membership on the school board must be received and
filed by the clerk and posted at each polling-place at least five days next
preceding the election. Any five qualified electors of the district may
file with the clerk the nominations of as many persons as are to be
elected to the school board at the ensuing election.
Section 989. In districts of the second and third class, the election of
school trustees shall be held and conducted under the supervision of the
Board of School Trustees. The clerk of the school district must,
not less than fifteen days before the election required under this Act,
post notices in three public places in said district, and in incorporated
ELECTION LAWS OF MONTANA 103
cities in each ward, which notices must specify the time and place of
election, and the hours during which the polls will be open. The trustees
must appoint by an order entered in their records three qualified electors
of said district, to act as judgres at such election, and the clerk of the
district shall notify them by mail of their appointment. If the judges
named ai'e not present at the time for opening the polls, the electors
present may appoint judges, and the judges so appointed shall designate
one of their number to act as clerk. The voting must be by ballot, with-
out reference to the general election laws in regard to nomination:-,
form of ballot, or manner of voting, and the polls shall be open for
such length of time as the board of trustees may order; provided, that
such polls must be open from two p. m. to six p. m.
Section 990. In districts of the first class, no person shall be voted
for or elected as ti-ustee unless he has been nominated therefor by a
bona fide public meeting, held in the district at least ten days before
the day of election, and at which at least twenty qualified electors were
present, and a chairman and secretary were elected, and a certificate of
such nomination, setting forth the place where the meeting was held,
giving the names of the candidates in full, and if there are different
terms to be filled, the term for which such candidate was nominated,
duly certified by the chairman and secretary of such meeting, shall be
filed with the District Clerk at least eight days before the day of elec-
tion. The nomination and election of any person shall be void, unless
he was nominated at a meeting as above provided at which at least
twenty qualified electors were present, and his nomination certified and
filed as aforesaid, and the Board of Trustees acting as a canvassing
board shall not count any votes cast for any person, unless he has been
so nominated and a certificate thereof filed as herein required.
Section 991. The Board of Trustees shall, at least thirty days before
the annual election of school trustees, by an order entered upon the
minutes of their meeting, designate and establish a suitable number of
polling-places and create an equal number of election precincts to cor-
respond, and define the boundaries thereof.
Section 992. The District Clerk stiall, at least fifteen days before
the election in districts of the first class, give notice of the election to
be held in all such districts, by posting a notice thereof in three public
places in the district, and in incorporated cities and towns in each ward,
which notices must specify the time and place of election, the number
of trustees, and the terms for which they are to be elected, and the hours
during which the polls will be open. Whenever, in the judgment of the
Board of Tinastees, the best interests of the district will be served by
the publication of such notices of election in some newspaper in the
county, they may, by an order entered on the minutes of their meeting,
direct the District Clerk to publish the notice of election required to be
given in districts of the first class, in some newspaper in the county.
Section 993. In districts of the first class the polls must be opened
at eight o'clock a. m. and kept open until twelve o'clock m., and from
one o'clock p. m. until eight o'clock p. m.
104 ELECTION LAWS OF MONTANA
Section 994. The Board of District Trustees shall, at least ten days
before the day of the annual election of trustees in any district of the
first class, appoint three qualified electors of the district for each polling
place established to act as judges of election, and the District Clerk
shall notify such persons by mail of their appointment. Such judges
shall designate one of their number to act as clerk of such election. If
the judges appointed, or any of them, are not present at the time for
the opening of the polls, the electors present may appoint judges, who
must be qualified electors, to act in the place of those who are absent.
Section 995. In districts of the first class, the ballot shall show the
name or names of the candidates and the length of time for which they
are to be elected. These ballots shall be as near as possible in the fol-
lowing form:
For School Trustees:
For Three (3) Year Term.
Vote for Three:
John Abner
William Brown
Adam Smith
For One (1) Year Term,
George Davis
Section 996. At every election held under this Act, a poll-list shall
be kept by the judges and clerk at each polling-place, and immediately
after the close of the polls the judges shall count the ballots, and if there
be more ballots than votes cast the judges must draw by lot from the
ballots, without seeing them, sufficient number of ballots to make the
ballots remaining correspond with the number of votes cast. The clerk
shall write down in alphabetical order in a poll-book provided for that
purpose the name of every person voting at the time he deposits his
ballot. There shall also be provided a tally-list for each polling place;
after the ballots have been counted and made to agree with the poll-list
the judges shall proceed to count them. The clerk shall enter in the
tally-list the name of every person voted for as trustee, and the term,
and tally opposite his name the number of votes cast for him, and at the
end thereof set down in a column provided for that purpose the whole
number of votes he received. The judges and clerk shall sign a certifi-
cate to said tally-list, setting forth the whole number of votes cast for
each person or trustee, designating the term, and they shall verify the
same as being correct, to the best of their knowledge, before an officer
authorized to administer oaths. No informality in such certificate shall
vitiate the election, if the number of votes received for each person can
reasonably be ascertained from said tally-list. Said books and tally-lists
shall be returned to the Board of Trustees of the district, who shall can-
vass the vote and cause the clerk of the district to issue a certificate of
election to the person or persons elected, designating their term, a copy
of which must be forwarded to the County Superintendent of Schools.
School Trustees are hereby authorized to administer oaths to judges of
election.
ELECTION LAWS OF MONTANA 105
Section 997. Trustees elected shall take office immediately after
qualifying', and shall hold office for the term of three years except as
elsewhere expressly provided herein, and until their successors are elected
or appointed and qualified.
The clerk of the district shall, at the time of issuing certificate of
election to a person elected as trustee, deliver to such person a blank
oath of office. Every trustee shall file his oath of office with the County
Superintendent of Schools within fifteen days of the receipt of the cer-
tificate of election and blank oath of office from the clerk. Any trustee
failing- to qualify as herein provided shall forfeit all rights to his office,
and the County Superintendent of Schools shall appoint to fill the vacan-
cy caused thereby.
Section 998. A vacancy in the office shall be filled by appointment
by the County Superintendent of Schools; provided, that in districts of the
first and second class, such appointments shall be subject to confirmation
by a majority of the remaining members of said board, if those remain-
ing constitute a majority of the total number of the board. The trustees
so appointed shall hold office until the next annual election, at which
election there shall be elected a school trustee for the unexpired term.
When any vacancy occurs in the office of trustee of any school district
by death, resignation, failure to elect at the proper time, removal from
the district, or other cause, the fact of such vacancy shall be immediately
certified to the County Superintendent by the clerk of the school district,
and the County Superintendent shall immediately appoint in writing,
some competent person, who shall qualify and serve until the next an-
nual school election. The County Superintendent shall at the time notify
the clerk of the school district of every such appointment; provided, that
absence from the school district for sixty consecutive days, or failure
to attend three consecutive meetings of the Board of Trustees without
good excuse, shall constitute a vacancy in the office of trustee.
Section 999, Any school trustee may be removed from office by a
court of competent jurisdiction by law for removal of elective civil offi-
cers; provided, however, that upon charges being preferred and good
cause shown, the Board of County Commissioners may suspend a trustee
until such time as such charges can be heard in the court having juris-
diction thereof.
Section 1000. STiould the office of the clerk of the school district
become vacant, the Board of School Trustees shall immediately fill such
vacancy by appointment, and the chairman of the Board of School Trus-
tees shall immediately notify the County Superintendent of such appoint-
ment.
Section 1001. When at any annual school election the tei-ms of a
majority of the trustees regularly expire in districts of the first class,
three trustees, in districts of the second class, two trustees, in districts
of the third class, one trustee shall be elected for three years, and the
remaining trustee or trustees whose terms expire shall hold over for one
or two years as may be necessary to prevent the terms of a majority of
the Board of Trustees expiring in any one year; provided, that it shall
be determined by lot what trustees shall hold over, and for what term.
106 ELECTION LAWS OF MONTANA
Section 1002. Every citizen of the United States who has resided in
the State of Montana for one year, and thirty days in the school district
next preceding the election, may vote thereat. Women of the age of
twenty-one years and upwards, who are citizens of the United States,
and who have resided in the State of Montana one year, and in the
school district for thirty days next preceding the day of the election,
may vote thereat.
Section 1003. Any pei'son offering to vote may be challenged by any
elector of the district, and the judges must thereupon administer to the
person challenged an oath or affirmation in substance as follows: "You
do solemnly swear (or affirm), that you are a citizen of the United
States; that you are twenty-one years of age and that you have resided
in the state one year, and in this school district thirty days next
preceding this election, and that you have not voted this day, so help you
God." If he takes this oath or affirmation, his vote must be received;
otherwise rejected. Any person who shall swear falsely before any such
judge of election shall be guilty of pei'jury, and shall be punished accord-
ingly.
Section 1004. All the expenses necessarily incurred in the matter of
holding elections for school trustees shall be paid out of the school
funds of the district. Judges of election of districts of the first and
second class shall receive not to exceed three dollars per day each for
all services connected with the election.
Section 1014. The Board of Trustees shall have power to call a special
election for the purpose of bonding the district for the erection and fur-
nishing buildings and purchase of school sites, and for permission to sell
school property; provided, that in districts of the first and second class
boards of trustees shall have power to change or select school sites.
Section 1015. Every school board unless otherwise specially provided
by law shall have power and it shall be its duty: ******§ j,^ ^^^,_
chase, acquire, sell and dispose of plots or parcels of land to be used as
sites for school houses, school dormitories and other school buildings, and
for other purposes in connection with the schools in the district; to build,
purchase or otherwise acquire school houses, school dormitories and other
buildings necessary in the operation of schools of the district, and to
sell and dispose of the same; provided, that they shall not build or remove
school houses or dormitories, nor purchase, sell or locate school sites un-
less directed so to do by a majority of the electors of the district voting
at an election held in the district for that purpose, and such election shall
be conducted and votes canvassed in the same manner as at the annual
election of school officers, and notice thereof shall be given by the clerk
by posting three notices in three public places in the district at least
ten days prior to such election, which notices shall specify the time, place,
and purpose of such election.
CONSOLIDATION OF SCHOOL DISTRICTS
Section 1034. Two or more school districts may be consolidated, either
by the formation of a new district, or by the annexation bf one or more
districts to an existing district, as hereinafter provided.
ELECTION LAWS OF MONTANA 107
Whenever the County Superintendent of Schools receives a petition
sigrned and acknowledged by a majority of the resident freeholders of
each district affected, qualified to vote at school elections, praying for
consolidation, he shall within ten days cause a ten days' posted notice
to be given by the clerk in each district, such notice to be posted in
three public places, in each district, of an election in such district at a
time and place specified in each notice to vote on the question of consoli-
dation. The votes at such election shall be by ballot, which shall read
"For consolidation" or "Against consolidation." The presiding officer
at such election shall, within ten days thereafter, certify the result of
the vote to the County Superintendent of the county in which the district
mainly lies. If the majority of the votes cast in each district be for con-
solidation, it carries, and the Superintendent, within ten days thereafter,
shall make proper orders to give effect to such vote, and shall thereafter
transmit a copy thereof to the County Clerk and Recorder of each county
in which any part of any district lies, and to the clerk of each district
affected. If the order be for the formation of a new district, it shall
specify the name and number of such district, and he shall appoint three
trustees to serve until the first Saturday in April succeeding. At the
regular election succeeding there shall be elected by the regularly quali-
fied electors three trustees, one of whom shall serve for one year, one
for two years, and one for three years. The election of trustees and terms
shall be the same as for other districts under the general school laws.
^ T* *l* T *** 'P 'V
"Section 1040. The following terms shall be construed to mean:
The "rural school district" shall mean the territory obtained by the
uniting of all third class districts and parts of first or second class dis-
tricts as may petition to become a part of the "rural school district."
"Subdivision" shall mean one of the four parts into which the "rural
school district" is divided for purposes of election of trustees.
"Subdistrict" shall mean the local third class district as constituted
by Chapter 76 of the session laws of the thirteenth Legislative Assembly,
which is Section 1021 of the Revised Codes of Montana, 1921. As amend-
ed by Chapter 178, Laws of 1925.
"Section 1041. All school districts and parts of school districts of
the third class and minor portions of any district of the first and second
class which may petition to withdraw from the first or second class dis-
trict as herein provided, shall for the purpose set forth in this Act, from
and after the first day of July 1925 together constitute a single district
to be known as the "rural school district" of the county in which it is
situated. Such rural district shall be a unit for the purpose of taxation
and such other purposes as are hereinafter provided, and shall be divided
into subdivisions for the selection of trustees and consist of subdistricts
for the purpose of local management, local control, and custody of prop-
erty. The boundaries of the subdivisions shall be determined by the
Board of County Commissioners who shall divide that portion of the
county to be included in the rural school district of the county, into four
parts which shall be known as subdivisions, each having as near as may
be one-fourth of the total area of the rural school district, and making
108 ELECTION LAWS OF MONTANA
the boundaries of those parts coincide with the boundaries of the sub-
districts. All portions of first and second class districts, which become a
part of the rural school district as herein provided, shall be attached to
adjacent subdistricts in the manner provided by law. Boundaries of sub-
divisions may be altered by County Commissioners at a later date in case
county division or other cause may unduly reduce or increase the size
of a subdivision or subdivisions.
"A majority of the school electors of rural sections of first and second
class districts residing not neai'er than six miles to the largest school
in such first and second class districts may present a petition in writing
to the Board of County Commissioners asking for transfer from the
first or second class district to the rural school district, which petition
shall describe the boundaries of the territory proposed to be transferred
and the number of children affected by such transfer. Upon receipt of
such petition the County Commissioners shall call a meeting for the
purpose of considering such petition and shall notify all parties inter-
ested including the Board of Trustees of the first or second class district
by posting or causing to be posted at least ten days prior to the date
of such meeting in at least three of the most public places in the proposed
territory to be transferred and in three of the most public places in the
remaining portion of the old district notices stating the time, place and
purpose of such meeting of the Board of County Commissioners, which
meeting of the Board of County Commissioners shall be not less than
twenty days from the date of the receipt by the board of such petition.
The Board of County Commissioners at such special meeting shall ap-
prove or deny the said petition and shall enter their approval or denial
upon the records of the county within ten days from the date of such
meeting. In case the petition is granted, such territory transferred may
be made a part of adjacent subdistricts or created a subdistrict of the
rural school district." As amended by Chapter 178, Laws of 1925.
"Section 1042. Any county in the state may adopt the county unit
system for rural schools provided in the succeeding sections of this Act,
on the conditions hereinafter prescribed as follows:
"Whenever, between the first day of December of any year and the
first day of April of the following year, twenty per cent of the regis-
tered electors residing in the third class school districts of any county
shall petition the Board of County Commissioners requesting that the
county unit system for rural schools be established in such county, the
County Commissioners shall call an election to be held in all third class
districts of the county, within ninety days, and in any event not later
than the tenth day of May following. The County Commissioners shall
appoint precinct judges and clerks, and the election shall be conducted
in accordance with the general election law of the state, and the judges
and clerks of such election shall serve without compensation. The place
of election in each precinct shall be the established polling place in each
precinct. All registered electors residing in the proposed rural school dis-
trict and whose names appear upon the registration books of the county
upon the day of calling such election, shall be entitled to vote upon such
election. The polling books of any precinct shall not contain the names
ELECTION LAWS OF MONTANA 109
of any registered electors residing in any district of the first and second
class. The County Clerk shall give twenty days' notice of such election
by publication in the official paper of the county that the question of
adopting the county unit system for rural schools will be submitted to
the qualified electors in all third class districts of the county at the time
designated. It shall not be necessary to give notice of closing of regis-
tration books of the county in elections held pursuant to the provisions
of this Act. But the registration books of the county for such election
shall automatically close upon the day of calling such election. The
qualified electors of the proposed rural school district shall vote by ballot
for or against the adoption of the county unit system for rural schools.
An elector desiring to vote for such adoption shall do so by marking (X)
on his ballot before the phrase, "For the rural school district"; an elector
desiring to vote against such adoption shall do so by marking (X) on
his ballot before the phrase, "Against the rural school district."
"After the election the ballots shall be counted and the votes can-
vassed and returns shall be made to the County Clerk in the manner
prescribed in the general election laws. If a majority of the votes cast
at the election is in favor of the county unit, the Board of County Com-
missioners shall make and enter an order creating such rural school dis-
tinct and establish the boundaries of each subdivision, and this Act shall
become effective in so far as the county is concerned.
"If a majority of the votes cast at such election is against organiza-
tion of the rural school district, another election upon the question of
organizing a rural school district cannot be held until after the expira-
tion of two years.
"As soon as the Board of County Commissioners has for the first
time established the boundaries of the subdivisions as hereinbefore pro-
vided, the said Board of County Commissioners shall thereupon appoint
one elector from among the residents of each of the four subdivisions
of the rural school district of the county. Of these four trustees so
appointed two shall serve until the first regular school election after
their appointment, one until the second regular school election after his
appointment, and one until the third regular election after his appoint-
ment, the terms of trustees so appointed to be determined by lot.
"The Chairman of the Board of County Commissioners, the County
Superintendent of Schools and the County Treasurer shall be ex-officio
members of the board. No ex-officio member of the board may serve as
chairman, nor may such member receive any further remuneration for
his services than his regular salaiy for the other duties of his office.
The County Superintendent of Schools shall be ex-officio secretary of the
board and it shall be his duty to enforce rules, regulations and orders
of the board.
"In any county in which a rural school district is in operatin at the
time of the passage of this Act the County Commissioners shall, at least
twenty days previous to the first ensuing school election, redistrict the
county into four subdivisions for purposes of election of trustees from
the rural school district as heretofore provided. In case the term of one
trustee of the rural school district is expiring in 1925 at the next ensuing
110 ELECTION LAWS OF MONTANA
election no trustee shall be elected as his successor. In case the terms
of two trustees of the rural school district of such county are expiring
in 1925 it shall be determined by lot which one of the two members shall
continue on the board. On the third Saturday of April in such county the
chairman of the Board of County Commissioners, the County Superin-
tendent of Schools and the County Treasurer shall become ex-officio
members of the board of the rural school district as heretofore provided
in this section." As amended by Chapter 178, Laws of 1925.
"Section 1043. The elected trustees shall be electors of the sub-
division of the rural school district of the county in which they are to
serve. Except as hereinbefore provided such trustees shall be elected at
the annual school election and shall serve for three years and until their
successors are elected or appointed and qualify.
"On or before fifteen days prior to the annual school election, there
may be filed with the secretary of the Board of Trustees of the rural
school district, petitions signed by at least twenty-five qualified electors
of each subdivision of the rural school district in which the term of a
trustee is about to expire, nominating candidates for trustees to be voted
for at the ensuing election, and if any trustees are to be elected to com-
plete unexpired terms, as hereinafter provided, such petition shall state
whether the persons nominated therein are nominated for such unexpired
terms or for full terms of three years. The Board of Trustees shall cause
the names of all candidates for trustees of the rural school district to be
printed and sent to the clerk in each subdistrict of the part in which a
trustee is to be elected, to be posted at each polling place at least five
days preceding the election. The election of school trustees shall be held
and conducted under the supervision of the trustees of the local subdis-
trict, who shall not less than fifteen days before the annual election post
notices in three public places in their subdistricts, which notices must
specify the time and place of election and hours during which the polls
will be open. The local trustees must appoint, by an order entered in
their records, three qualified electors of said subdistricts to act as judges
at said election, and the local clerk shall notify them by mail of their
appointment. If the judges are not present at the time of opening the
polls, the electors present may appoint judges, and the judges so ap-
pointed shall designate one of their number to act as clerk. The voting
must be by ballot without reference to the general election laws in regard
to nominations, forms of ballot, or manner of voting, and the polls shall
be open for such time as the board of trustees may order; provided, that
such polls must be open between two p. m. and six p. m. It shall be the
duty of the judges of the election to canvass the votes cast in their
respective subdistricts for trustees, and make returns of the same to the
County Clerk in the manner and form as may be prescribed by the gen-
eral election law of the state in so far as the same may be applicable to
school elections. The returns shall be canvassed and the result declared
by the County Commissioners and certificates of election issued by the
County Clerk in the same manner as may be pi'escribed by the general
election laws of the state in so far as the same may be applicable thereto;
provided that in the election of said board of trustees the votes cast in
ELECTION LAWS OF MONTANA 111
each of the four subdivisions of the rural school district shall be can-
vassed separately and the candidates receiving the largest number of
votes in any one subdivision shall be elected as the trustee for such sub-
division; provided, further, that no one shall be eligible as trustee who is
not at the time of his election or appointment a bona fide resident and
elector of the subdivision of the rural school district for which he is
elected.
"Persons elected or appointed as trustees shall qualify by taking an
oath to perform their duties according to law. Their oaths may be ad-
ministered by the County Superintendent or any other officer authorized
by law to administer oaths, and must be filed with the clerk of the Board
of Trustees within fifteen days after the election or appointment. The
Board of County Commissioners shall appoint trustees to fill vacancies
in the Board of Rural School District Trustees; provided, that such
appointment is confirmed by the majority of the remaining members
of such board. Trustees so appointed shall serve till the next regular
school election, at which election successors shall be elected to serve for
the unexpired balance of the term, if any." As amended by Chapter 178,
Laws of 1925.
"Section 1044. The Board of Trustees of every rural school district
shall have only the powers and shall perform only the duties enumerated
in this Act. The Board of Trustees of each subdistrict of the rural school
district shall have all the powers and perform all the duties imposed
upon trustees of school districts according to the provisions of Chapter
76 of the Session Laws of the Thirteenth Legislative Assembly and Acts
amendatory thereof and supplementary thereto, except as modified by
the terms of this Act.
"The Board of Trustees of each subdistrict of the rural school dis-
trict shall not later than the last day of May prepare and certify to the
Board of Trustees of the rural school district, a budget containing an
estimate of all of the different items of expenditures for operation and
maintenance to be incurred by such subdistricts for the ensuing school
year. Such budget shall explain in detail the several items of estimated
expenditures, together with an explanation of the necessity therefor.
Such budget shall also be accompanied by a full and complete report of
the school facilities of the subdistrict and of the educational opportuni-
ties afforded each child in such subdistrict. Any Board of Trustees of
a subdistrict making expenditures in excess of their budget shall have
deducted from their budget for the ensuing year the amount of such
excess expenditure, unless the County Board of Trustees authorized such
expenditure from its emergency fund.
"For high school expenses in excess of the revenues derived from
the high school levy of the county and for any extraordinary expendi-
ture or expenditures for any purpose other than operation and mainte-
nance of elementary schools to be incurred by a subdistrict, not included
in the budget for such subdistrict, as adopted by the Board of Trustees
of the rural school district, the Board of Trustees of such subdistrict
may cause to be levied upon the property in the subdistrict a special tax
pursuant to the provisions of Section 1203 of the Revised Codes of Mon-
tana 1921.
112 ELECTION LAWS OF MONTANA
"The Board of Trustees of the rural school district shall on the first
Monday in June, examine the budgets certified to it by the Trustees of
the several subdistricts, and from such budgets shall prepare a complete
budget for the rural school district, which shall provide for the furnishing
of reasonable educational facilities to every child in the rural school
district, including the payment of board or rent, or both, and transporta-
tion of children from isolated sections, in cases where the same is more
expedient than maintaining a school in such isolated sections; all interest
on all outstanding bonds issued by such rural school district or the pay-
ment of which has been assumed by such district, and so much of the
principal of any such bonds as is to become due during the ensuing school
year and also including any other reasonable item of expenditure not
herein enumerated, and necessary for carrying out the provisions of this
Act. Such budget shall contain the detailed estimated expenditures of
each subdistrict. Patrons shall have the right of appeal to the Board of
Trustees of the rural school district in case provisions of educational
opportunities of children have been neglected or overlooked by the Trus-
tees of the subdistrict, and the decision of the Trustees of the rural
school district shall be final.
"The Board of Trustees of evei-y rural school district is hereby author-
ized to include in the budget for any year as a separate item an amount
not in excess of a one-half mill levy to provide for the following general
purposes affecting the entire rural school district or for any of them:
The supervision of the health of students, employment of a truant officer,
provision for new students in any local district who may have come into
said district after the adoption of the budget for said district and not
provided for in said budget. They shall also be authorized to provide a
levy not in excess of one mill in any one year for establishing a building
fund for the erection of portable or other school buildings, barns, dormi-
tories or teacherages when the same are deemed necessary by the Board
of Trustees of the rural school district and to make provision of neces-
sary building facilities for isolated and special cases. Whenever such
extra levies are made the Board of Trustees of the rural school district
shall specify the purposes for which same are to be used and make the
expenditures for said purposes as set out in said budget.
"The Board of Trustees of the rural school district shall on or before
the second Monday in June in each year certify to the Board of County
Commissioners the total amount of money required in excess of the
state and county apportionments to be raised by taxation for the rural
school district pursuant to the budget adopted by the board, and the
Board of County Commissioners shall cause to be levied at the time of
the levy for taxes for state and county purposes, a sufficient levy upon
all of the taxable property within the rural school district to raise the
amount of money so certified by the Board of Trustees of the rural school
district, after allowing a deduction of ten per cent on account of delin-
quencies. The Board of Trustees of the rural school district shall at its
regular meeting held on the second Thursday in December, apportion
to the several subdistricts their proportionate part of the taxes then
collected, such proportionate part to be determined in accordance with
ELECTION LAWS OF MONTANA 113
the budget as above mentioned. They may at this meeting make such
adjustments in the budgets as may seem necessai-y because of new con-
ditions arising since the budgets were allowed.
"Any warrant issued by any subdistrict board, except for salaries,
shall be countersigned by the Secretary of the Board of Trustees of the
I'ural school district. Said secretary is authorized to countersign only
such warrants as are drawn in payment of expenses approved by the
Board of Trustees of the rural school district in the budget of the sub-
district. Hereafter all warrants issued by subdistricts shall carry the
notation "This warrant not valid, except for salaries, unless counter-
signed by the Secretary of Board of Trustees of the rural school district."
"The Board of Trustees of the rural school district is authorized to
close schools with an enrollment of fewer than five pupils, if in the
judgment of said board such children can be cared for more economically
and in a satisfactory manner in another school. Said board shall also
be empowered to place textbooks and equipment of schools closed in
other communities where such materials are needed, provided that such
textbooks and equipment shall be replaced or new materials shall be
provided in their stead at such time as it may become desirable to reopen
said school.
"The faith of the rural school district is solemnly pledged for the
payment of the interest and the redemption of the principal of the bonds
which at the time when this Act takes effect have been issued or as-
sumed by the rural school district. And for the purpose of enforcing
the provisions of this chapter, the rural school disti'ict shall be a body
corporate, which may sue and be sued by or in the name of the Board
of School Trustees of such district.
"The Board of Trustees of the rural school district shall be authorized
to establish a salary schedule based upon teaching experience, training
and certification of teachers and to determine transportation rates and
allowances for board and house rent." As amended by Chapter 178,
Laws of 1925.
"Section 1045. All sinking funds on hand as a surplus or credit to
the various third class districts in any county prior to and on July 1 of
the year in which the provisions of this Act shall be accepted in such
county shall remain as the sinking funds of the several subdistricts and
in no event may they be used for any other purpose than as the sinking
fund of the subdistrict. All moneys to the credit of the general or special
funds of subdistricts prior to and on July 1 of the year in which the
provisions of this Act shall be accepted shall remain to credit of such
general or special funds of subdistricts and shall serve to reduce the
levies of such subdistricts the first year as many mills as would be
required to procure by special levy on the subdistrict the amount of
money on hand to the credit of the subdistrict, unless such funds are
required for meeting contracts already entered into when the rural school
district began to operate.
"All of the existing indebtedness of the various third class districts
in any county prior to and on July 1 of such year, whether for main-
tenance or bonded indebtedness, or otherwise, shall remain the indebted
114 ELECTION LAWS OF MONTANA
ness of and be paid by the subdistricts, such payments being made from
a subdistrict special levy for that purpose." As amended by Chapter 178,
Laws of 1925.
Section 1046. Second-class districts may be created from the terri-
tory embraced in any rural school district, within the discretion of the
Board of Trustees of such rural school district; provided, that such pro-
posed district has an assessed valuation of not less than Six Hundred
Thousand Dollars. Such district shall be created only upon the petition
of one hundred qualified electors residing in the proposed district, set-
ting forth in the petition the assessed valuation and the boundaries of
the proposed district. In the event of the creation of such district, the
County Superintendent of Schools shall, upon notice received from the
Board of Trustees of the rural school district, appoint five Trustees for
the newly created district, who shall serve until the next regular election.
All school property situated in the new district shall become the prop-
erty of the new district, and the remainder of the property of the rural
school district shall continue to be the property of the rural school dis-
trict.
If, at the time such new district is created, there is any indebtedness
against the rural school district, then the Board of County Commission-
ers of the county in which such districts are located shall, at its first
regular meeting after the order creating said new district is made,
apportion such indebtedness between said districts, by first deducting
from said indebtedness the amount of all moneys in the treasury belong-
ing to the sinking fund of said rural school district, and then appoi'tion-
ing the remainder of the indebtedness between the respective districts
in proportion to the value of the school property remaining in the rural
school district to the value of the school property in the new district.
Upon the adjustment of such indebtedness, it shall be the duty of the
Board of Trustees of such new district to cause to be made out, issued,
and delivered to the Trustees of such rural school district, warrants
equal to the amount of such indebtedness apportioned to such new dis-
trict, which warrants, upon presentation, shall be indorsed by the
treasurer of the county, "Not paid for want of funds," and shall there-
after draw interest at the rate of six per cent per annum until such
time as funds may be available for their payment.
Until said warrants are paid, it shall be the duty of the Board of
County Commissioners of said county to levy annually a tax upon the
taxable property of such new school district, sufficient to pay the interest
on said warrants, and the money realized from the levy of such taxes
shall be, by the County Treasurer, kept in a special fund to be used
solely for the purpose of paying the interest and principal of said
warrants.
The School Trustees of such new district shall have, and are hereby
given the power and authority to issue, on the credit of their district,
coupon bonds and to sell and dispose of the same for the purpose of pro-
viding the necessary funds to pay such warrants. Such bonds shall be
issued and disposed of upon condition and in the manner provided in
Section 1235 of this Code, except that said bonds shall recite in the body
ELECTION LAWS OF MONTANA 115
of such bond that "This bond is issued for the purpose of providing
funds to pay outstanding warrants."
Section 1047. "The regular annual meeting of the Board of Trustees
of the rural school district shall be held on the first Thursday in July.
At this meeting new members elected shall take office; a president shall
be elected for the ensuing year by the board, from among its own mem-
bership; and the executive officers of the board shall make their annual
reports. Another regular meeting shall be held on the second Thursday
in December and special meetings may be called by the president, or by
three other members of the board. Each member of the Boai-d of Trus-
tees of the rural school district shall be paid from the general fund of
the county his necessary traveling expenses in attending regular meet-
ings, but not to exceed four special meetings, and an honorarium of
seventy-five dollars per year. Failure to attend two regular meetings
in succession, unless excused on account of sickness, shall work a forfeit-
ure of the office." As amended by Chapter 68, Laws of 1923.
"Section 1048. A rural school district organized under the provisions
of this Act may be dissolved after the expiration of four years from the
date of its organization, in the following manner, to-wit:
"Whenever, between the first day of January and the first day of
March in any year after four full school years have expired twenty per
cent of the registered electors in a rural school district shall petition
the Board of Trustees of the rural school district requesting the dissolu-
tion of such school district, the Board of Trustees of the rural school
district shall submit such petition to the County Clerk, and the County
Commissioners shall call an election which shall be held in all third
class districts of the county and conducted in the manner prescribed for
the adoption of the rural school district as set forth in Section 1 of this
Act. If a majority of votes cast at such election shall be in favor of the
dissolution of the rural school district, the Board of County Commis-
sioners shall make an order to that effect and on and after July first
the rural school district shall be dissolved and the several subdistricts
shall thereupon become school districts of the third class.
"If the election for the dissolution of such school district should fail
to carry, another election upon the question of dissolution of such school
district may not be held until after the expiration of two years.
"The Board of County Commissioners shall distribute funds of the
rural school district and apportion the indebtedness of the rural school
district in the following manner. Each school district (formerly a sub-
district) shall thereupon become the owner of all the property of the
rural school district located within its boundaries. The County Commis-
sioners shall apportion to each school district that portion of the funds
of the rural school district other than sinking funds, which is in propor-
tion to the number of school census children within the school district.
Provided that in the counties where the rural school district was organ-
ized prior to the passage of this Act the County Commissioners of the
county shall continue to levy the taxes upon all th property located
within the territory which formerly constituted the rural school district,
until the interest and the principal of all bonds issued by the rural school
116 ELECTION LAWS OF MONTANA
district shall have been paid in full." As amended by Chapter 178, Laws
• of 1925.
Section 1173. Whenever, in the judgment of the Board of Trustees
of any school district of the third class, it is desirable to select, purchase,
exchange, or sell a school house site, or whenever petitioned so to do by
one-third of the voters of such district, the District Board shall without
delay call a meeting at some convenient time and place fixed by the
board to vote upon such question of selection, purchase, exchange, or
sale of school house site. Such election shall be conducted and votes can-
vassed in the same manner as at the annual election of school officei'S.
Three notices giving the time, place, and purpose of such meeting shall
be posted in three public places in the district by the clerk at least ten
days prior to such meeting. If a majority of the electors of the district
voting at such meeting or election shall be in favor of selecting, pur-
chasing, exchanging, or selling the school house site, the board shall
carry out the will of the voters thus expressed; provided, that all sites
so chosen must be approved by the County Superintendent of Schools
and the County Health Officer; and also provided that any sites so
changed cannot again be changed within three years from the date of
such action, except upon the advice of the County Superintendent of
Schools and County Health Officer.
The school site shall be selected in a place that is convenient, acces-
sible, suitable, and well drained; provided, that in districts of the first
and second class, the site shall be not less than one-half of an average
city block, and in districts of the third class shall contain not less than
one acre. The State Board of Land Commissioners shall have authority
to sell to any school district at the appraised value, or to lease for any
period of time less than ninety-nine years, at a rental of one dollar per
year, any tract of state land not exceeding ten acres, to be used for
school house site.
Section 1210. Said fund (Building and Furnishing Fund) may be
used for general school purposes, if a majority of the qualified electors
of such district shall so elect, upon such question being duly submitted
to them at any regular or special election therefor.
EXTRA TAXATION FOR SCHOOL PURPOSES
"Section 1219. Whenever the Board of Trustees of any school dis-
trict shall deem it necessary to raise money by taxation in excess of the
ten-mill levy now allowed by law for the purpose of maintaining the
schools of said district, or building, altering, repairing, or enlarging any
schoolhouse or houses of said district, for furnishing additional school
facilities for said district, for building and equipping heating or other
plants for said district, or for any other purposes necessary for the
proper operation and maintenance of the schools in said district, it shall
submit the question of such additional levy to the legal voters of said
district, who are taxpaying freeholders therein, either at the regular
annual election held in said district, or at a special election called for
that purpose by the Board of Trustees of said district, provided, that in
all school districts of the third class such question may be submitted to
ELECTION LAWS OF MONTANA 117
the legal voters of said district, who are taxpayers therein." As amended
by Chapter 120, Laws of 1925.
Section 1220. Where the question of mai\ing such additional levy is
so submitted, notice thereof shall be given by posting the same at each
schoolhouse in said district, at least ten days before such election, or by
publication thereof for a like period before such election in each news-
paper published in said district, or by both such notice and publication.
Section 1221. The submission of said question shall expressly pro-
vide for what purpose such additional levy is to be made, and if author-
ized, the money raised by such additional levy shall be used for that
specified purpose only; provided, that if any balance remain on hand
after the purpose for which said levy was made has been accomplished,
such balance may, by vote of the Trustees of the said district, be trans-
ferred to any other fund of said district.
Section 1222. The ballot furnished electors at such election shall
have printed thereon the following:
"Shall the Board of Trustees of this district be authorized to make
a levy of (here insert the number) mills taxes in addition to the regular
ten-mill levy authorized by law for the purpose of (here insert the pur-
pose for which the additional levy is to be made) ?"
I I For additional levy.
Q Against additional levy.
The voters shall mark the ballot in the same manner as other ballots
are marked under the election laws of Uiis state. The election shall be
held and the votes canvassed and returned as in other school elections.
If the majority voting on the question are in favor of such additional
levy, the Board of Trustees of said school district shall so certify to the
Board of County Commissioners of the county in which said school dis-
trict is situated, and said additional levy shall be made in the same man-
ner that the levy for special taxes in said district is made.
"Section 1223. Any person offering to vote may be challenged by
any elector of the district, and the judges must thereupon administer to
the person challenged an oath or affirmation, in substance as follows:
"You do solemnly swear (or affirm) that you are a citizen of the
United States; that you are twenty-one years of age; that you have
i-esided in this state one year and in this school district thirty days next
preceding this election; that you are a taxpaying freeholder on the last
assessment roll from this school district; and that you have not voted
this day. So help you God."
In all districts of the third class, in administering said oath or affirm-
ation, the judges must substitute the word 'taxpayer' for the words
'taxpaying freeholder.' Said oath shall be reduced to writing and signed
by the person challenged and sworn to before one of the judges of elec-
tion. Said oath or affirmation shall be returned with the ballots cast
at such election. If the voter takes oath or affirmation, his vote must
be received; otherwise, it will be rejected. Any person who shall swear
falsely before any such judge of election shall be guilty of perjury, and
shall be punished accordingly." As amended by Chapter 120, Laws of
1925.
i
118 ELECTION LAWS OF MONTANA
SCHOOL DISTRICT BONDS
CHAPTER 147
(Laws of 1927)
An Act Relating to School District Bonds; Granting Boards of Trustees
of School Districts of all Classes the Power to Issue, Negotiate and
Sell or Exchange Bonds for Certain Purposes under Certain Limita-
tions and Restrictions; Providing the manner of Holding Bond Elec-
tions and Prescribing the Qualifications of Electors; Prescribing the
Procedure Governing the Issuing, Sale, or Exchange of Such Bonds;
Providing for Payment of the Principal and Interest of Such Bonds;
Prescribing the Duties of Boards of School Trustees, Boards of
County Commissioners, and County Treasurers in Connection with
the Levying and Collection of Taxes for the Payment of Principal
and Interest on Such Bonds; and Repealing Sections 1032, 1230, 1232,
and Sections 1244 to 1251 Inclusive, of the Revised Codes of Montana
of 1921; Repealing Sections 1224, 1225, 1226, 1228 and 1229 of the
Revised Codes of Montana of 1921, as Amended by Chapter 153 of the
Laws of the Eighteenth Legislative Assembly; Repealing the said
Chapter 153, and all Other Acts and Parts of Acts in Conflict with
the Provisions of this Act.
Section 6. CERTAIN BONDS MAY BE ISSUED WITHOUT HOLD-
ING AN ELECTION. Bonds issued for the purpose of providing the
necessary funds to pay indebtedness to another district, or districts, and
bonds issued for the purpose of providing necessary funds to pay and
redeem outstanding bonds which were issued prior to March 1st, 1924,
as authorized in subdivisions "f" and "g" of Section One of this Act,
may be issued without submitting the question of so doing at an election.
In order to issue bonds for such purposes it shall only be necessary
for the Board of School Trustees, at a regular or duly called special
meeting of the board, to pass and adopt a resolution setting forth the
facts in regard to the indebtedness to be paid or the bonds to be refunded,
showing the reasons for issuing new bonds and fixing and determining
the details of such new bonds, and then to give notice of the sale of such
new bonds in the same manner that notice is required to be given of
the sale of bonds authorized at a school election.
Section 8. PETITION AND ELECTION REQUIRED FOR BOND
ISSUES FOR OTHER PURPOSES. School district bonds for any other
purpose than those stated in Sections Six and Seven of this Act, shall
not be issued unless authorized at a duly called election at which the
question of issuing such bonds was submitted to the electors of the school
district; and no such election shall be called unless there has been
presented to the Board of Trustees a petition asking that such election
be held and such question be submitted, signed by not less than twenty
per centum (20%) of the qualified registered electors residing within
the school district, who are taxpayers upon property therein and whose
names appear on the last completed assessment roll for state, county
and school district taxes.
Section 9. FORM, CONTENTS AND PROOF OF PETITION. The
petition for the calling of an election to vote upon the question of issu-
ELECTION LAWS OF MONTANA 119
ing school district bonds shall plainly state the purpose of the proposed
bond issue and shall estimate the amount of bonds necessary to be issued
for such purpose or purposes. When the bonds sought to be issued are
for two or more purposes, the amount to be issued for each single pur-
pose shall be separately estimated in the petition. It may be in the
form of one single petition or consist of more than one petition, all being
identical in form and fastened together, after being circulated and sign'^d,
so as to form one petition before being delivered to the County Clerk as
hereinafter provided. The school district clerk or any one or more quali-
fied electors of the school district may circulate the petition or petitions,
and the clerk or each elector circulating such petition shall subscribe or
attach to each of the petitions, circulated by him, an affidavit to the
effect that the signatures are genuine and that the signers knew the
contents thereof at the time of signing the same. The completed peti-
tion, before being presented to the Board of School Trustees, shall be
delivered to the County Clerk and Recorder of the county in which the
school district is situated, who shall examine the same and shall endorse
thereon or attach thereto his certificate, which certificate shall set forth:
(a) The total number of persons who are registered electors and
taxpayers upon property within the school district whose names appear
on the last completed assessment roll for state, county and school district
taxes.
(b) Which and how many of the persons whose names are sub-
scribed to the petition are possessed of all of these qualifications.
(c) Whether such qualified signers constitute more or less than twen-
ty per centum (209c) of such registered electors and taxpayers within
the district.
The County Clerk and Recorder shall promptly deliver or transmit
such petition, with his certificate endorsed thereon or attached thereto,
to the Clerk of the Board of School Trustees of such district.
Section 10. MEETING OF BOARD OF TRUSTEES TO CONSIDER
PETITION AND CALLING OF ELECTIONS. Upon such petition being
received by the clerk of the school district, a meeting of the Board of
Trustees shall be called to consider the same. The Board of Trustees
shall be the judges of the sufficiency of the petition and the findings of
such board shall be conclusive against the school district and in favor
of the innocent holder of bonds issued pursuant to the election called and
held by reason of the presentation of such petition. If it is found that
the petition is in proper form and bears the requisite number of signa-
tures, the board shall pass and adopt a resolution which shall recite the
essential facts in regard to the petition and its presentation, fix the
exact amount of bonds proposed to be issued, which may be more or less
than the amount estimated in the petition, determine the number of
years through which the bonds are to be paid, not to exceed twenty
(20) years, fix the date of election, which shall not be less than twenty
(20) days, nor more than thirty (30) days after the date of the passage
and adoption of such resolution, appoint three electors of the district
who are qualified to vote at such election to act as judges of election,
and direct the clerk to give notice of such election. The notice of election
120 ELECTION LAWS OF MONTANA
shall designate some certain school house in said school district and be
in substantially the following form:
"NOTICE OF SCHOOL DISTRICT BOND ELECTION.
NOTICE IS HEREBY GIVEN by the undersigned clerk of School
District No of County, State of Montana, that
pursuant to a certain resolution duly adopted at a meeting of the Board
of Trustees of the said school district held on the day of
A. D., 19 , an election of the registered qualified electors
of School District No of County, State of Montana,
who are taxpayers therein and whose names appear on the last completed
assessment roll for state, county and school district taxes prior to the
holding of such election, will be held on the day of ,
A. D., 19 , at for the purpose of voting upon the question of
whether or not the Board of School Trustees shall be authorized to issue
and sell bonds of said school district in the amount of
Dollars, ($ ), bearing interest at a rate not to exceed six per
centum (6%) per annum, payable semi-annually, for the purpose of
(Here state purpose) The bonds to be issued
will be either amortization or serial bonds, and amortization bonds will
be the first choice of the Board of Trustees. The bonds to be issued,
whether amortization or serial bonds, will be payable in installments
over a period of (State number) years, and redeemable
in full five (5) years from the date of issue.
The polls will be open from o'clock M. and until
o'clock M. of the said day.
Dated and posted this day of A. D., 19
Clerk of School District No
County, State of Montana."
If the bonds proposed to be issued are for more than one purpose,
then each purpose shall be separately stated in the notice together with
the proposed amount of bonds therefor.
The school district clerk shall, not less than fifteen (15) days before
the day specified for such election, post notice of such election in not
less than three (3) public places within the district, and in incorporated
cities and towns at least one (1) notice must be posted at each voting
place designated for such election.
In school districts of the first class the Board of Trustees must also
cause the notice to be published once a week for two (2) successive
weeks in some newspaper of general circulation in the district, if one
be published therein, in addition to such posting.
Section 11. PREPARATION OF BALLOTS. The school district clerk
shall cause ballots to be prepared for all such bond elections, and when-
ever bonds for more than one purpose are to be voted upon at the same
election, separate ballots shall be prepared for each purpose. All such
ballots shall be substantially in the following form:
ELECTION LAWS OF MONTANA 121
OFFICIAL BALLOT
SCHOOL DISTRICT BOND ELECTION
INSTRUCTIONS TO VOTERS: Make an X or similar mark in the
vacant square before the words "BONDS — YES" if you wish to vote
for the bond issue; if you are opposed to the bond issue make an X or
similar mark in the square before the words "BONDS — NO".
Shall the Board of Trustees be authorized to issue and sell bonds of
this school district in the amount of.... Dollars ($ )
bearing interest at a rate not exceeding six per centum (6%) per annum,
payable, semi-annually, during a period not exceeding years,
redeemable at any time after five years, for the purpose of (Here
state the purpose the same way as in the notice of election).
□ BONDS— YES.
□ BONDS— NO.
Section 12. WHO ENTITLED TO VOTE. LIST OF ELECTORS
AND POLL BOOKS. In all school district bond elections hereafter held
only qualified registered electors residing within the distinct who are
taxpayers upon property therein and whose names appear upon the last
completed assessment roll for state, county and school district taxes,
shall have the right to vote. Upon the adoption of the resolution calling
for the election, the clerk of the school district shall notify the County
Clerk of the date on which the election is to be held, and qualified per-
sons shall be allowed to register for such election up till noon of the
fifteenth (15th) day prior to the date, thereof. At that time the resig-
tration books shall be closed for such election, but it shall not be neces-
sary to give any notice of such closing of the registration books.
After the closing of the registration books for such election the
County Clerk shall promptly prepare lists of the registered electors of
such district who are taxpayers upon property therein and whose names
appear on the last completed assessment roll for state, county and school
district taxes, and who are entitled to vote at such election, and shall
prepare poll books for such election, as provided in Section 568 of the
Revised Codes of Montana of 1921, and deliver the same to the school
district clerk who shall deliver the same to the judges prior to the open-
ing of the polls. In school districts of the first class it shall be the duty
of the school district clerk to post such lists in five (5) public and con-
spicuous places within the district at least ten (10) days prior to the
date of election. It shall not be necessary to post such lists in districts
of the second and third class. A charge of five cents per name for the
use and benefit of the county shall be made by the County Clerk for
preparing such lists and poll books.
Section 13. CONDUCT OF ELECTION. The bond election shall be
conducted in the manner prescribed for the election of school trustees
and returns shall be made and canvassed in a similar manner.
Section 14. PERCENTAGE OF ELECTORS REQUIRED TO AU-
THORIZE BOND ISSUE. In all school district bond elections a majority
of the votes cast shall be sufficient to approve and adopt the bond propo-
sition and authorize the issuance of the bonds.
122 ELECTION LAWS OF MONTANA
Section 15. MEETING OF BOARD OF TRUSTEES TO CANVASS
ELECTION RETURNS; RESOLUTION FOR BOND ISSUE. If such
election shall authorize the issuance of such bonds, the Board of Trustees
shall within sixty (60) days from the date of such election pass and
adopt a resolution providing for the issue of the bonds; provided that
such bonds may be issued in one or more series or installments as the
board may in such resolution direct. This resolution shall recite the
amount of bonds to be issued, the maximum rate of interest, the purpose
of the issue, the date they shall bear, and the period of time through
which they shall be paid, and providing the manner of execution of same.
It shall provide for giving preference to amortization bonds, but shall
fix the denomination of serial bonds in case it shall be found necessary
to issue bonds in that form, and shall direct the clerk to give notice of
the sale of the bonds.
Section 1252. No election for the issuance of bonds of any school
district, or of any town, or city, or county shall be called except upon
presentation of a petition therefor to the Board of School Trustees, or to
the Town or City Council, or to the Board of County Commissioners,
as the case may be, signed by at least twenty per cent, of the qualified
registered electors who are taxpayers upon property within said school
district, town, city or county, and whose names appear on the assess-
ment-roll for the year next preceding such election, praying for the
calling of said election; provided that the Board of County Commission-
ers, Board of School Trustees, Town or City Council, as the case may
be, shall determine as to the sufficiency of such petition, and the findings
of such governing body shall be conclusive against the municipality in
favor of any innocent holder of the bonds issued under and by virtue of
authority conferred by election provided by this Act.
Section 1253. In all elections hereafter held for the issuance of bonds
of any school district, town or city, only qualified registered electors
who are taxpayers upon property therein, and whose names appear on
the assessment-roll for the year next preceding such election, shall be
entitled to vote thereat.
Section 1277. Nothing in this Act shall be construed to amend or
repeal any of the provisions of an Act entitled: "An Act requiring a
petition of 20 per cent, of the qualified electors who are taxpayers to
authorize the voting upon the issuance of any school, town, city or county
bonds, and providing who are entitled to vote thereon," enacted by the
17th Legislative Assembly of Montana (Sec. 1253 of this Code), and that
all other Acts and parts of Acts in conflict herewith are hereby repealed.
HIGH SCHOOL CODE
(Chapter 148, Laws 1931)
CHAPTER 3
BOND ISSUES
Section 12. Bond Issues, Submission to Electors of Question. If in
any county maintaining a county high school in which no district high
school is maintained, not less than twenty per centum (20%) of the
registered voters who on the last completed assessment roll of the
ELECTION LAWS OF MONTANA 123
county were assessed in theii' own names on real or personal property
in the county shall present to the Board of Trustees of the county high
school a petition asking: that there be submitted the question whether
bonds of the county shall be issued for the purchase or erection of a
high school building or buildings and/or for the repairing, remodeling,
or enlarging thereof, and/or for the purchase of equipment thereof
and/or for the purchase, erection and/or equipment of a high school
dormitory or dormitories, or gymnasium, and/or for the purchase of a
suitable site or sites for such buildings, or any of them, and/or to retire
or refund any outstanding bonds issued for any of the purposes forego-
ing, and if such petition shall specify therein the amount of the bonds
to be issued, and if the Board of Trustees of the county high school shall
upon the presentation to it of the said petition, approve the same, and
the issuance of bonds of the county to the amount therein mentioned and
for the purpose or purposes therein specified, the secretary of the said
board shall forthwith in the nafme of the Board of Trustees request the
Board of County Commissioners of the county to submit without delay
to the registered voters of such county the question whether bonds of
the county shall be issued and sold to the amount and for the purpose or
purposes in the petition set forth.
Section 13. Duty of Board of County Commissioners. Immediately
upon the receipt of any such request it shall be the duty of the Board of
County Commissioners to submit such question to the registered and
qualified electors of the county in the manner otherwise provided by law
for the submission of the question of the issuance of other county bonds.
If a majority of the registered and qualified electors of the county,
voting upon the question so submitted, shall approve such issue, then
the Board of County Commissioners shall forthwith issue and market the
bonds authorized as in the case of other county bonds.
Section 14. Bond Limit — Term — Rate of Interest — Form. In any
county of the first, second, third or fourth class the amount of all bonds
requested or authorized under the provisions of this chapter shall not
exceed, in any one county in the aggregate as outstanding obligations
and in all other counties, in any one county the sum of Three Hundred
Thousand Dollars ($300,000.00). Such bonds shall mature in twenty (20)
years or less, and shall bear interest and the general form of the bonds
shall be fixed by the Board of County Commissioners.
Section 15. County Bond Issue for County and District High Schools.
In any county where a county high school and also one or more accred-
ited district high schools are maintained bonds of the county may like-
wise be issued in accordance with the provisions of this chapter and for
any of the purposes aforesaid, the proceeds of such issue to be divided
among the county high school and accredited district high school, or
schools of the county. The question submitted to the electors of the
county shall definitely state the amount which is to be allotted to the
county high school and the amount which is to apportioned to or among
the accredited district high school, or schools; and in all such cases the
amount alloted to the county high school annd the amount to be appor-
tioned among the accredited district high school or schools shall be com-
124 ELECTION LAWS OF MONTANA
puted upon the basis of the average daily attendance in the county high
school, and in all the accredited district high schools of the county during
the year preceding the submission of the question of the bond issue.
CHAPTER 5
ABOLISHMENT OF COUNTY HIGH SCHOOLS
Section 19. Authority to Abolish. Any county in which a county
high school has been established may abolish such county high school
and dispose of all pi-operty belonging thereto in the manner provided
in this chapter.
Section 20. Petition to be Filed. Between the first day of July and
the first day of September in any year in which a general election is
held in the state of Montana twenty per centum (20%) or more of the
qualified electors of any county maintaining a county high school who
are also assessed in their own names on the assessment books of the
county for that year upon real or personal property may file their
written petition with the county clerk of the county praying that the
county high school be abolished.
Section 21. Commissioners to Submit Question. At the first regular
monthly meeting of the Board of County Commissioners of the county
immediately following such filing the petition shall be called to the
attention of the board by the county clerk; and the board shall imme-
diately direct the submission to the registered voters of the county at the
ensuing general election for that year of the question whether the county
high school of the county shall be abolished.
Section 22. Publication of Notice. The County Clerk of the county
shall publish a notice of the filing and purpose of the said petition and
that the question of abolishing the county high school in the county will
be submitted at the ensuing general election, at least once a week for
four successive weeks in some newspaper of general circulation pub-
lished in the county, and, if there be none, in such newspaper as the
Board of County Commissioners may designate, the first publication of
such notice to be made between September 1 and September 15 of the
said year.
Section 23. Further Notice Required — Manner of Holding Election.
Further notice of the submission of the question shall be given, and such
question shall be submitted to the i-egistered voters of the county at the
ensuing general election in November, and the votes cast thereon can-
vassed and returns thereof made, in the manner provided by law for
the election of county officers at that election, subject, however, to the
following special requirements:
The votes for or against the abolishment of the county high school
shall be cast by ballot which shall be in substantially the following form:
I I For the abolishment of the county high school.
Q Against the abolishment of the county high school.
An elector may vote for abolishing the county high school by placing
an "X" in the square immediately before the words "For the abolish-
ment of the county high school"; and a ballot so marked and cast shall
be counted in favor of abolishing the county high school. An elector
ELECTION LAWS OF MONTANA 125
may vote against the abolishment of the county high school by placing
an "X" in the square immediately preceding the words "Against the
abolishment of the county high school"; and a ballot so marked and
cast shall be counted against abolishing the county high school.
Section 24. Action by Roard of County Commissioners when Election
Favors Abolishing High School. If a majority of all the votes cast at such
general election upon the question of the abolishment of the county high
school shall be in favor of abolishing the same the Board of County
Commissioners of the county at its first regular meeting in December
following shall make and enter at large upon its minutes an abstract of
the votes so cast and a resolution that in accordance therewith on and
after July 1st of the year immediately following the county high school
of the county shall be, and is thereby, abolished.
Section 25. Same — When Election Favors Retaining High School. But
if a majority of all the votes cast at such election shall be against the
abolishment of the county high school a similar abstract of the votes
shall in like manner be entered by the Board of County Commissioners
at large upon their minutes at its December meeting aforesaid; and no
further submission of the question of abolishing the county high school
shall be had in that county for at least four years thereafter, provided
that if an election against the abolishment of the county high school
has been had within any county within two years prior to the enactment
of this statute, that the question shall not again be re-submitted for
at least four years after the date that this act becomes effective.
CHAPTER 6
VALIDATION OF CERTAIN ACTS AND PROCEEDINGS
Section 34. School Bonds Validated. All bonds which have been here-
tofore issued by the Board of Trustees of any county high school, or
the issuance of which any such board has assumed to authorize, are
hereby ratified and confirmed and declared to be valid and subsisting
legal obligations of full force and effect, provided that the question of
the issuance of such bonds was first submitted to the voters of the county
and a majority of all the votes cast by such voters was in favor of such
bond issue as declared by the minutes of the said Board of Trustees, or
as otherwise made to appear with certainty.
Section 35. Validation of the Establishment and Location of County
High Schools. All acts and things of any nature whatsoever heretofore
done, and all proceedings heretofore had, by any Board of County Com-
missioners of any county in the state relative to the submission to the
electors of the county of the question of establishing and locating a
county high school, and to the establishment and location of any such
high school, where such question was in fact submitted to the voters of
the county and a majority of all votes cast by the voters was in favor
of the establishment and location of a county high school as declared by
the minutes of the Board of County Commissioners, or as otherwise made
to appear with certainty, are hereby ratified and confirmed and declared
to be valid and of full force and effect.
Section 36. Validation of Prior Acts. All acts and things of any kind
126 ELECTION LAWS OF MONTANA
whatsoever done, or proceedings had, by any Board of Trustees of any
county high school, or by any Board of County Commissioners of any
county, prior hereto and under the provisions of the Acts of March 3,
1899, for the establishment of county free high schools, or under the
further Acts of March 14, 1901, amending certain sections of the Act
aforesaid of March 3, 1899, or under any other Act of the Legislative
Assembly relating to the establishment of county free high schools or
for their maintenance, support or administration are hereby ratified
and confirmed and declared to be valid and of full force and effect.
JUNIOR HIGH SCHOOL
Section 45. Junior High Schools — authority to establish in district
having no accredited high school. The Board of Trustees of any school
district where no accredited high school is already established and main-
tained may establish one or more junior high schools in the district at
any time in accordance with the sections immediately following and
provide therefor quarters, buildings, building sites, equipment and a
teaching force.
Section 46. Petition — Resolution of Board — Approval of Superintend-
ent of Public Instruction. Whenever the Board of Trustees of any school
district which has no accredited high school already established, shall
receive a petition in writing from twenty per centum (209^), or more,
of the registered voters of the district requesting that a junior high
school or junior high schools be established, or shall itself resolve by
resolution spread upon the minutes of the board that the establishment
of a junior high school or junior high schools is in the best interests of
the district, an application shall forthwith be made by the said Board of
Trustees to the Superintendent of Public Instruction, setting forth therein
such facts and information as it may require and requesting its approval
of the establishment of the junior high school or junior high schools in
question.
Section 47. Submission of Question. If the establishment of a junior
high school or junior high schools is approved by the Superintendent
of Public Instruction, the Board of Trustees of the school district shall
immediately submit to the registered voters of the district the question
whether a junior high school, or if the establishment of more than one
such junior high school be contemplated, whether junior high schools
shall be established in such district.
Section 48. Application and Submission of Question when Bonds are
to be Issued. If it is necessary for the district to issue bonds to provide
quarters, buildings, building sites, and/or equipment for the proposed
junior high school or junior high schools the application for the approval
of the Superintendent of Public Instruction shall set forth the facts
pertinent to such issue and the amount of bonds required for the pur-
poses mentioned, or any of them. And in any such case if the establish-
ment of the junior high school or junior high schools be approved by the
Superintendent of Public Instruction the question submitted by the Board
of Trustees to the registered voters, of the district shall be whether a
junior high school, or, if the establishment of more than one junior high
ELECTION LAWS OF MONTANA 127
school be contemplated, whether junior hip:h schools shall be established
in the district and bonds in a specified amount issued to provide quarters,
buildingrs, building sites and equipment, or for any one or more such
purposes.
Section 49. Election. The qualified electors of the district shall be
entitled to vote upon any question submitted to them in accordance with
this chapter at an election called, noticed, held, canvassed and returned
in the manner provided by law for the submission in such district of the
question of a bond issue for the purpose of building, enlarging, altering
or acquiring by purchase a school house, of furnishing and equipping
the same, and of purchasing the necessary lands therefor.
Section 50. Duty of Board if Establishment of Junior High School
be Approved. If a majority of the votes cast at any such election be in
favor of the establishment of a junior high school or junior high schools
the Board of Trustees of the district shall immediately establish and
open the school or schools so authorized.
Section 51. Issuance of Bonds. If the issuance of bonds as specified
in any question submitted be approved the Board of Trustees shall there-
after issue and market the bonds of the district within the limits of the
amount specified in the question and in the same manner and pursuant
to the provisions and limitations of law otherwise applicable in the case
of the issuance of district bonds for the purpose of building, enlarging,
repairing or acquiring by purchase a school house, in the said district,
or furnishing and equipping the same, and of purchasing the necessary
lands therefor.
Section 52. Junior High Schools — How Established Where District
High School is Already Established. The Board of Trustees of any
school district wherein an accredited high school is already established
may, by resolution and in compliance with the rules and regulations of
the Superintendent of Public Instruction reorganize the school system
of the district to provide for a junior high school or junior high schools
as a part of such system, without submitting the question to the qualified
electors of the district. But nothing herein contained shall be construed
to authorize any such Board of Trustees to issue bonds of the district
or to incur indebtedness or to proceed in the establishment of a junior
high school or junior high schools other than in accordance with its
general powers elsewhere defined.
BUDGET SYSTEM— SCHOOL DISTRICTS
(Chapter 146, Laws of 1931)
Section 7. If, after the Board of School Trustees of any district has
adopted the preliminary budget for such district for the ensuing school
year, it appears to such board that the amount which will be received
from a district ten (10) mill tax levy and from all other sources during
such ensuing school year, for the general fund of such district, as shown
by the County Superintendent's estimate of revenues, will not be suffi-
cient to meet and take care of the expenditures proposed to be made dur-
ing the ensuing school year from such general fund, as contained in such
preliminary budget, the board must determine and make an estimate
128 ELECTION LAWS OF MONTANA
of the amount of such deficiency and the number of mills of additional
levy required to be made to meet and take care of such deficiency, and
must call an election, in the manner prescribed by law, for the purpose
of obtaining the approval of the qualified electors of the district to the
making of such additionl levy, and such election must be held before
the 1st day of July; provided, however, that if it appears to the Board
of School Trustees of any district at any meeting thereof held prior to
the general school election on the first Saturday in April, that a levy in
excess of ten (10) mills will be required to maintain the schools in such
district during the next ensuing school year, such Board of Trustees may
determine the number of mills so required in excess of ten (10) mills,
and may submit the question of such additional levy at the next ensuing
general school election.
SPECIAL ROAD DISTRICTS
Section 1664. The regular election for the electing of members of
the Board of Directors shall be held in such district at the same time as
regular general elections. The secretary of such boai'd shall cause writ-
ten or printed notice to be posted at six different and public places in
said special road district, specifying the date and place of such election
and the time during which the ballot-box or boxes shall be opened,
not less than four hours, however, at each election. Said notices shall be
posted in at least three conspicuous and public places as aforesaid in such
district and whenever a newspaper published within ten miles of such
road district, it shall be the duty of the president and secretary of said
board to cause a notice to be published therein at least once, ten days
previous to said election, giving notice of such election, and if the said
officers of said district fail to give such notice required by this Act,
then any two legal voters in and being freeholders there, may give such
notice over their names and signatures, whereupon said election may be
held at the date fixed by this Act for said election.
Section 1665. Every elector, a taxpayer, who is legally qualified to
vote at any general election, who is a bona fide resident and taxpayer,
as aforesaid, of the road district for thirty days preceding the day of
election, shall be entitled to vote. Any person offering to vote may be
challenged by any legal and qualified elector of the district, or by any
judge of election, and any judge of such election shall, to determine the
qualification of a voter, administer to the person challenged, an oath
as follows:
"You do swear (or affirm) that you are a citizen of the United
States; that you have resided in this state for the period of one year, or
over, preceding this election; that you are over the age of twenty-one
years; that you have resided in this county thirty days, and that you are
a taxpayer and resided in this road district thirty days next preceding
this election; that you have not voted at this election, so help you God
(or under the pains and penalties of perjury)."
Section 1666. If any person challenged shall refuse to take said oath,
his vote shall be rejected; and if any person shall be guilty of voting
illegally, he shall be punished as provided in the general election laws'
ELECTION LAWS OF MONTANA 129
of this state. The three members of the Board of Directors of the road
district shall act as judges of election, but should any of them be absent
for any cause, at the time of opening of the polls, the electors present
thereat shall appoint a legal voter to fill such vacancy.
If more than one polling-place be provided in said road district, the
directors shall appoint three judges of election who shall perform the
duties required by law.
Section 1667. Immediately after the closing of the polls the said
judges shall proceed to count the ballots, and the person or persons
qualified to be elected under this Act, who shall receive the largest num-
ber of votes, shall be declared elected, and the report of said election,
signed by said judges, shall forthwith be transmitted to the County
Clerk and Recorder of the county where such election is held, to be pre-
sented to the Board of County Commissioners for action and hearing
as to the regularity of the election so held, and to be confirmed by said
County Commissioners. If upon counting the votes there shall be a tie
vote, the two persons having received such tie vote shall meet within
twenty-four hours before the Board of Directors of such road district,
and one of such persons shall be elected by lot. All ballots shall be care-
fully preserved, and after said count shall be placed in the ballot boxes,
and said ballots shall be preserved by the secretary of the road district
for ninety days, at the end of which time, if there is no contest, all such
ballots shall be destroyed.
PUBLIC BRIDGES— BONDS
Section 1711. Before the construction of any bridge referred to in
the preceding section, the cost of which shall exceed ten thousand dollars,
shall be undertaken, the Board of County Commissioners shall submit to
the qualified electors of a county, at a genei-al or special election, the
question of whether such bridge shall be constructed, and the cost thereof
paid by the county; and if the electors at such election shall vote in favor
of the construction of such bridge, the Board of County Commissioners
may, if they deem it necessary and advisable to do so, issue and sell the
bonds of said county to the amount authorized for the purpose of con-
sti'ucting such bridge, under such regulations as other bonds of the
county are issued and sold, and with such funds construct said bridge;
or, if the cost of such bridge shall not exceed the amount authorized
to be raised by a special levy, a special levy may be made for the purpose
of raising the moneys necessary to defray the cost of constructing such
bridge, as provided in the preceding section.
REMOVAL OF COUNTY SEAT
(Constitutional Provision Art. XVI, Section 2, Page 14)
Section 4369. Whenever the inhabitants of any county of this state
desire to remove the county seat of a county from the place where it is
fixed by law, or otherwise, to another place, they may present a petition
to the Board of County Commissioners of their county praying such
removal, such place to be named in the petition, and that an election be
held to determine whether or not such removal must be made. The
petition to remove the county seat of the county from the place where it
130 ELECTION LAWS OF MONTANA
is fixed by law to another place must be presented to the Board of County
Commissioners at least sixty days prior to any action thereon being
taken by the Board of County Commissioners, and action on said petition
by the Board of County Commissioners must be had at a regular meet-
ing of said Boaj'd of County Commissioners. Such petition must be filed
with the County Clerk, and the County Clerk, immediately upon the
filing of said petition, must cause to be printed in every newspaper
published within said county a notice to the effect that a petition pray-
ing for the removal of said county seat has been filed with the County
Clerk, and that said petition is open to the inspection of any and all
persons interested therein, and that said petition will be presented to
the Board of County Commissioners at its next regular session for action
thereon. No other or additional petition than the one originally filed shall
be considered by the Board of County Commissioners, except that at
any time on or before the date fixed for the hearing, any person having
signed the original petition for the removal of the county seat may file
a statement in writing with the County Clerk that he desires to have
his name withdrawn from such petition; provided, that not more than
one withdrawal shall be permitted by the same person.
Section 4370. If the petition is signed by sixty-five per cent, of the
taxpayers of such county, the Board of County Commissioners must at
the next general election submit the question of removal to the electors
of the county; provided, that the term "taxpayer" used in this section
shall be deemed to mean "ad valorem taxpayers," and that for the pur-
pose of testing the sufficiency of any petition which may be presented
to the County Commissioners as provided in this section, the County
Commissioners shall compare such petition with the poll-books in the
County Clerk's office constituting the returns of the last general election
held in their county, for the purpose of ascei'taining whether such peti-
tion bears the names of sixty-five per cent, of the taxpaying voters
listed therein; and they shall make a similar comparison of the names
signed to the petition with those appearing upon the listed assessment-
roll of the county for the purpose of ascertaining whether the petition
bears the names of sixty-five per cent, of the ad valoi'em taxpayers as
listed in said assessment-roll; and if such petition then shows that it
has not been signed by sixty-five per cent, of the voters of the county
who are ad valorem taxpayers thereof, after deducting from the said
original petition the names of all persons who may have signed such
original petition, and who may have filed, or caused to be filed, with the
County Clerk of said county or the Board of County Commissioners,
on or before the date fixed for the hearing, their statement in writing
of the withdrawal of their names from the original petition, it shall be
deemed insufficient, and the question of the removal of the county seat
shall not be submitted.
Section 4371. Notice of such election, clearly stating the object, must
be given, and the election must be held and conducted, and the returns
made, in all respects in the manner prescribed by law in regard to the
submitting of questions to the electors of a locality under the general
election law.
ELECTION LAWS OF MONTANA 131
Section 4372. In voting on the question, each electoi' must vote for
the place in the county which he prefers, by placing opposite the name
of the place the mark X.
Section 4373. When the returns have been received and compared,
and the results ascertained by the board, if a majority of the qualified
electors of the county have voted in favor of any particular place, the
board must give notice of the results by posting notices thereof in all
the election precincts of the county, and by publishing a like notice in a
newspaper printed in the county at least once a week for four weeks.
Section 4374. In the notice provided for in the next preceding section,
the place selected to be the county seat of the county must be so declared
from a day specified in the notice not more than ninety days after the
election. After the day named in the notice, the place chosen is the
county seat of the county.
Section 4375. Whenever any election has been held, as provided for
in the preceding sections of this chapter, the statement made by the
Board of County Commissioners, showing the result thereof, must be
deposited in the office of the County Clerk, and Avhenever the board
gives the notice prescribed by Section 4374 of this Code, they must
transmit a certified copy thereof to the Secretary of State.
Section 4376. When an election has been held and a majority of the
votes are not cast for some other place than that fixed by law as the
former county seat, no second election for the removal thereof must be
held within four years thereafter.
Section 4377. When the county seat of a county has been once re-
moved by a popular vote of the people of the county, it may be again
removed from time to time in the manner provided by this chapter.
LOCATION OF COUNTY SEATS
Section 4378. Whenever a county is created hereafter in this state
by legislative enactment, it shall be the duty of the persons appointed
to the office of County Commissioners of such county by the Act creating
it, to meet at some place in the county, to be agreed upon by a majority
of said County Commissioners, within fifteen days after the passage
of the Act creating the county, and then and there organize as a Board
of County Commissioners by electing one of their number fhairman.
The person appointed to the office of County Clerk in the bill creat-
ing the county shall be notified in writing by the County Commissioners,
or some one of them, of the time and place of said meeting, and he must
attend the meeting and act as the clerk thereof and keep a record of
the proceedings. If no person is appointed to the office of County Clerk
by the Act creating the county, the Commissioners shall at such meeting
select some person qualified to hold office of County Clerk to act as
clerk of such meeting.
Section 4379. Immediately after the organization of the Board of
County Commissioners, as provided in the preceding section, said board
shall, by a resolution spread upon the minutes of its proceedings, desig-
nate some place within said county as and to be the temporary county
seat until the permanent county seat shall be located as hereinafter in
this Act provided. The place so designated shall be the temporary county
132 ELECTION LAWS OF MONTANA
seat of said county until the permanent county seat is located by the
electors of said county at the general election to be held on the first
Tuesday after the first Monday of November of the next even-numbered
year after the creation of the county, or at a special election as herein-
after provided.
In the event of a majority of the County Commissioners failing to
Agree upon the location of the temporary county seat, then each County
Commissioner shall write the name of the place he favors as the tem-
porary county seat on a slip of paper and said slips be inclosed in envel-
opes of the same size, color, and texture, and shall be deposited in a box
or other suitable receptacle, and the County Clerk, in the presence of said
Commissioners, shall draw out one of the said slips. Thereupon the
County Commissioners shall, by resolution spread upon the minutes,
declare the place named on the slip so drawn by the County Clerk to be
the temporary county seat of said county.
At said first general election after the creation of the county, it
shall be the duty of the Board of County Commissioners and County
Clerk to have separate official ballots printed and distributed for the
use of the electors at said election; which ballots shall be in the form
and contain the same matter as the ballots provided for in Section 4385
of this Code, and the provisions of Section 4386 of this Code shall apply
to and govern the manner of voting and of canvassing said ballots, and
the Board of County Commissioners shall declare the result of such elec-
tion and the location of the permanent county seat, and said county seat
shall be located in the manner and according to the provisions of said
Section 4386.
Provided, however, that at any time within six months after the
passage of an Act creating a new county, a petition or petitions may
be filed with the County Clerk of the Board of County Commissioners
of such county asking the board to submit the question of the location
of the permanent county seat to the electors of the county at a special
election to be called and held in the manner hereinafter in this Act pro-
vided. Said petition or petitions must contain in the aggregate the
names of at least one hundred taxpayers, whose names appear upon
the assessment-books containing the last assessment of the property
situated in such new county, and whose names also appear as registered
electors in some registration district established and existing in the
territory embraced in the new county at the last general election held
therein.
The petition or petitions when filed with the board must also have
certificates attached thereto from the County Clerk of the county in
which the person or persons signing the petition resided before the
creation of the new county, certifying that the names of the persons
signing said petition or petitions appear in the last assessment-books
of his county, and also in the registration-books of his county containing
the names of the electors registered in the last general election in the
districts now embraced in the new county.
Section 4380. Upon filing said petition or petitions, duly certified
to as provided in the preceding section, with the County Clerk of the
ELECTION LAWS OF MONTANA 133
new county, he must immediately notify the chairman of the Board of
County Commissioners who. upon receipt of such notice, must call a
meeting of the board to be held within ten days after the filing of
said petition, for the purpose of considering the same. If the board at
such meeting finds that said petition conforms to the requirements of
and is in accordance with the provisions of the preceding section, it shall
at said meeting, by a resolution spread upon its minutes, call a special
election of the qualified electors of said county for the purpose of voting
upon the question of the location of the permanent county seat.
Said election shall be held on Tuesday and not less than forty nor
more than sixty days after the date of calling the same. The board
must issue an election proclamation containing a statement of the time
of the election and the question to be submitted. A copy of this procla-
mation must be published in some newspaper printed in the county, if
any, and posted at each place of election at least ten days before the
election.
Section 4381. At the meeting of the board at which the special elec-
tion is called for the purpose of locating the permanent county seat, the
board shall, by resolution spread upon its minutes, divide the county
into registration districts and establish polling precincts in the manner
provided by law. It must also, at such meeting, make an order desig-
nating the house or place within each precinct where the election shall
be held. It must also at the same session of the board appoint registry
agents for the several registration districts established by it, who must
possess the qualifications required by law for registry agents. The
County Clerk must furnish the said registry agents with books, blanks,
and other stationery required for the proper performance of their duties.
Section 4382. The period for the registration of electors shall be
between the hours of nine a. m. and nine p. m. on all legal days from
nine a. m. of the fourth Monday prior to the date of said election to nine
p. m. of the second following Saturday. It shall be the duty of each
registry agent to publish and post notices of the time and places of
registration in the manner provided by law for the publication of notices
of registration for general elections. No person shall be entitled to regis-
ter and vote at such special election unless he is a qualified voter of the
State of Montana of the age of twenty-one years, and will have been a
resident of Montana one year and of the territory embi'aced within the
boundaries of the new county for a period of one hundred and eighty
days on the day next preceding the day of such election, and also takes
and subscribes to the oath provided in Section 479, Revised Codes of
Montana.
The general election laws of this state governing the registration of
electors and defining the duties of the registry agents, shall apply to
and govern the registration of electors in elections held under this Act
in so far as the same do not conflict herewith.
Section 4383. At the same meeting of the Board of County Commis-
sioners at which the special election for the location of the permanent
county seat is called, the board shall appoint three judges of election
for each precinct in the county who shall act as the judges at said elec-
134 ELECTION LAWS OF MONTANA
tion. It shall be the duty of the County Clerk to have printed and dis-
tributed to the judges of election the necessary ballots, the form of which
shall be as provided in Sections 4379, 4385, and 4387 of this Code, and
also supply the judges with the necessary books, records, stationeiy and
ballot-boxes required to hold such election in the manner provided by law.
Section 4384. The judges appointed for said special election must
qualify as required by the general election law, and the polls must be
opened and closed, the voting done, the ballots counted, returns made
to the Board of County Commissioners, and all other matters connected
with said election carried on and conducted in accordance with and as
provided by the general election laws of this state.
Section 4385. The form of the ballot used at such elections shall be
as follows: There shall be a stub across the top of each ballot, and
separated therefrom by a perfoi-ated line. The part above the perforated
line, designated as the stub, shall extend the entire width of the ballot,
and shall have a depth of not less than two inches. Upon the face of the
stub there shall be printed in what is known as brevier capitals the
following instructions.
"To vote this ballot the elector will write in the blank space on the
ballot the name of the town or place at which he desires the permanent
county seat to be located."
The ballot below the perforated line shall be in the following form:
"For the permanent county seat of county my
choice is "; (here insert name of county)
Provided, that any person who, fi'om any cause, is unable to write, may
have one of the judges in the presence of another judge write his choice
on the ballot.
Section 4386. When the name of a town or place in a county shall
be so inserted in the blank space on such ballot by an elector, and the
ballot has been cast as provided by law, the same shall be deemed a vote
for the designated town or place as the location of the permanent county
seat of said county. The Board of County Commissioners of said county
shall canvass the returns of said election in the manner provided by law
for the canvassing of election returns, and upon such canvassing of
returns the town or place found to have received a majority of all votes
cast on such questions shall be declared by the board the permanent
county seat of the county. The order declaring the result of such elec-
tion shall be entered of record in the minutes of the proceedings of the
Board of County Commissioners by the County Clerk, and from the date
of the declaration of the results of the election the town or place selected
shall be and remain, until lawfully changed in the manner provided by
law, the permanent county seat of such county. Within ten days after
the declaration of the result of such election, all records and county
offices of the county, if elsewhere located, must be moved to and remain
at the place declared the permanent county seat.
Section 4387. If no town or place receives a majority of all votes
cast on such question, then the town or place receiving the highest num-
ber of votes shall be declared by the board and immediately become the
temporary county seat of the county, and at the next general election
ELECTION LAWS OF MONTANA 135
the two towns or places i-eceivin^ the greatest number of votes at said
first election shall be the candidates for the permanent county scat.
At said next general election, the County Clerk shall have separate
ballots in the form provided for in Section 4385 of this Code printed and
distributed as provided by law containing the names of said candidates
for the permanent county seat. On the stub of such ballots shall be
printed the following instructions:
"To vote this ballot the elector will place an X in the square before
the name of the town he intends to vote for."
The form of such ballots below the perforated line shall be as follows:
n for the permanent county seat.
Q for the permanent county seat.
Of said towns or places the one receiving a majority of all the votes
cast on such question shall be declared the permanent county seat, and
the Board of County Commissioners must canvass the returns and de-
clare the result, and the county seat must be located in accordance with
the provisions of this Act.
Section 4388. All laws of general nature applicable to the sevei'al
counties of the State of Montana and to the officers thereof, and to their
powers and duties, shall be applicable to a new county and the officers
thereof from and after the creation of the county, except as otherwise
provided in this Act, or the Act creating the county.
Section 4389. Any county heretofore created, in which the permanent
county seat has not been located by valid election held for the purpose
of locating the permanent county seat of said county, may have a special
election for the purpose of voting on such question, called and held un-
der the provisions of this Act, or if no special election is held for such
purpose, then said question shall be submitted by the County Commis-
sioners at the next general election after the passage of this Act and
in the manner provided herein for the submission of such questions at
sreneral elections; provided, however, that no special election shall be
called for the purpose of submitting such question unless a petition or
petitions containing in the aggregate the names of one hundred tax-
paying electors of such county, whose names appear upon the last assess-
ment book, and also on the last registration-books of said county, are
filed with the clerk of the Board of County Commissioners within six
months after the passage and approval of this Act.
Upon the filing of such petition or petitions within said time, con-
taining the requisite number of taxpaying electors, which must be ascer-
tained by the board from the records of said county, said board must
immediately call such special election as herein provided.
If registration districts and polling precincts have already been estab-
lished in said county, they shall remain the same for such special elec-
tion, but a new registration shall be had and said special election con-
ducted and the result determined as in this Act provided.
The provisions of this section shall not apply in any case where there
has been a permanent county seat located and maintained for a period
of three years from the date immediately subsequent to the date of the
approval of this Act, whether the same was located by legal election or
otherwise.
136 ELECTION LAWS OF MONTANA
CREATION OF NEW COUNTIES BY PETITION AND ELECTION
Section 4390. Creation of New Counties — Debts and Assets Prorated
and Minimum Area Fixed. New counties may from time to time be
formed and created in this state from portions of one or more counties,
which shall have been created and in existence for a period of more than
two years, in the manner set forth and provided in this Act; provided,
however, that no new county shall be established which shall reduce
any county to an assessed valuation of less than Twelve Million Dollars
($12,000,000.00), inclusive of all assessed valuation as shown by the last
preceding assessment; nor shall any new county be established which
shall reduce the area of any existing county from which territory is taken
to form such new county, to less than twelve hundred square miles of
surveyed land, exclusive of all forest reserve and Indian reservations
within old counties nor shall any new county be formed which contains an
assessed valuation of property less than Ten Million Dollars ($10,000,-
000.), inclusive of all assessed valuation as shown by the last preceding
assessment, of the county or counties from which such new county is
to be established, nor shall any new county be formed which contains
less than one thousand square miles of sui'veyed land exclusive of all
forest land or Indian reservations, not open for settlement, nor shall any
line thereof pass within fifteen miles of the court house situate at the
county seat of the county sought to be divided; provided, that such
county line may be run within a distance of ten miles of a county seat
in cases where the natural contour of the county, by reason of moun-
tain ranges or other topogi'aphical conditions, is such as to make it
difficult to reach the county seat, and in such cases a petition, signed
by at least fifty-eight per centum (58%) of the voters in the proposed
new county, shall be presented to the Judge of the District Court in
which the county affected is located, asking for the appointment of a
commission of five (5) disinterested persons, who shall determine if the
topographical conditions are such as to warrant the fixing of the county
division lines closer than at fifteen miles from the county seat, as such
boundaries are legally fixed and determined at the date of the filing
of the petition or petitions referred to in Section 4393 of the Revised
Codes of 1921.
Every county which shall be enlarged or created from the territory
taken from any other county or counties shall be liable for a prorata
proportion of the existing debts and liabilities of the county or counties
from which such territory shall be taken, and shall be entitled to a pro-
rata proportion of the assets of the county or counties from which such
territory is taken, to be determined as provided by Sections 4391, 4392
and 4398 of the Revised Codes of Montana, 1921.
As amended by Chapter 106, Laws of 1929.
Section 4391. For the purposes of this Act the assessed valuation
of all property, whether included within the boundaries of a proposed
new county, or remaining within the boundaries of any existing county
or counties from which territory is taken, shall be fixed and determined
on the same basis as is used for the imposition of taxes in the State of
ELECTION LAWS OF MONTANA 137
Montana, to-wit: By taking that percentage of the true and full value
of all taxable property in any county specified by Section 2000 of this
Code.
Whenever in this Act the term "assessed valuation" or "valuation
based on the last assessment roll" is used, said term shall be construed
as meaning taxable valuation determined as herein provided, not the
full and true valuation of property.
Section 4392. No city, town, or village shall become the temporary
or permanent county seat of any county organization under the pro-
visions of Sections 4390 to 4407 of this Code, or created by an Act of the
Legislative Assembly, unless such city or town shall have been incor-
porated in the manner provided by law, or unless such village shall
have been regularly platted and a plat thereof filed in the office of the
County Clerk and Recorder, and there be fifty qualified electors residing
within the boundaries of such platted village, and the temporary county
seat selected upon the organization of such county shall remain as such
county seat until the permanent county seat shall be established as
provided by law.
Section 4393. Whenever it is desired to divide any county or coun-
ties and form a new county out of a portion of the territory of such
then existing county or counties, a petition shall be presented to the
Board of County Commissioners of the county from which the new county
is to be formed, in case said proposed new county is to be formed from
but one county, or to the Board of County Commissioners of the county
from which the largest area of territory is proposed to be taken for the
formation of such new county, in case said new county is to be formed
from portions of two or more existing counties; and such Board of
County Commissioners shall be empowered and have jurisdiction to do
and perform all acts provided for to be done or performed in this Act,
for each of the several counties from which any proposed territory is to
be taken, and shall direct that a certified copy of all orders and proceed-
ings had before such Board of County Commissioners shall be certified
by the County Clerk to the Board of County Commissioners of each of
the several counties from which any territory is taken by the proposed
new county; and all officers of any such county shall comply with the
orders of the Board of County Commissioners, in the same manner as
if said order had been duly made by the Board of County Commission-
ers of each respective county from which territory is proposed to be
taken. Such petition shall be signed by at least fifty-eight per cent, of
the qualified electors of the proposed new county, whose names appear
on the official registration books and who are shown thereon to have
voted at the last general election preceding the presentation of said
petition to the Board of County Commissioners as herein provided; pro-
vided, that in cases where the proposed new county is to be formed from
portions of two or more counties, separate petition shall be presented
fi'om the territory taken from each county; and each of said separate
petitions shall be signed by at least fifty-eight per cent, of the qualified
electors of each of said proposed portions. Such signatures need not all
be appended to one paper, but may be signed to several petitions which
138 ELECTION LAWS OF MONTANA
must be similar in form, and when so signed the several petitions may
be fastened together and shall be treated and presented as one petition.
Such petition or petitions shall contain:
1. A particular description of the boundaries of the proposed new
county.
2. A statement that no line thereof passes within fifteen miles of
the courthouse situated at the county seat of any county proposed to
be divided, except as hereinafter in this Act provided.
3. A statement of the assessed valuation of such proposed county
as shown by the last preceding assessment, inclusive of all assessed
valuation.
4. A statement of the surveyed area in square miles which w-ill re-
main in the county or counties from which territory is taken to form
such new county, after such county is formed, and a statement of the
surveyed area in square miles which will be in the new county after
formed.
5. The name of the proposed new county.
6. A prayer that such proposed new county be organized into a new
county under the provisions of this Act.
There shall be attached and filed with said petition or petitions an
affidavit of five qualified electors and taxpayers residing within each
county sought to be divided, to the effect that they have read said peti-
tion and examined the signatures affixed thereto, and they believe
that the statements therein are true, and that it is signed by at least
fifty-eight per cent, of the qualified electors as herein provided, of the
proposed new county, or of the proposed portion thereof, taken from
each existing county, where the proposed new county is to be formed
from portions of two or more existing counties; that the signatui'es
affixed thereto are genuine; and that each of such persons so signing
was a qualified elector of such county therein sought to be divided, at
the date of such signing. Such petition or petitions so verified, and
the verification thereof, shall be accepted in all proceedings permitted
or provided for in this Act, as prima facie evidence of the truth of the
matters and facts therein set forth. Upon the filing of such petition or
petitions and affidavits with the Clerk of the said Board of County
Commissioners, said clerk shall forthwith fix a date to hear the proof
of the said petitions and of any opponents thereto, which date must be
not later than thirty days after the filing of such petition with the clerk
of said board. The County Clerk shall also, at the same time, desig-
nate a newspaper of general circulation published in the old counties,
but not within the proposed new county, and also a newspaper of gen-
eral circulation published within the boundaries of the proposed new
county, if there be such, in which the said County Clerk shall order and
cause to be published, at least once a week for two weeks next preceding
the date fixed for such hearing, a notice in substantially the following
form:
ELECTION LAWS OF MONTANA 139
NOTICE.
Notice is hereby given that a petition has been presented to the
Board of County Commissioners of county
(naming the county represented by the Board of County Commissioners
with which said petition was filed), praying for the formation of a new
county out of a portion of the said county and
county (naming the county or counties of
which it is proposed to form the new county), and that said petition will
be heard by the said Board of County Commissioners at its place of
meetings (designating the city or town and the day and hour of the
meeting so to be held), and when and where all persons interested may
appear and oppose the granting of said petition, and make any objec-
tions thereto.
Dated at , Montana.
, County Clerk.
Said petitioners shall, on or before the date fixed for said hearing
file with the said Board of County Commissioners a bond to be approved
by said board, in an amount of Five Thousand Dollars, payable to the
county in which said petition is filed, conditioned that the obligators
named in said bond will pay to said county all expenses incurred in the
election provided for in this Act, not exceeding the amount specified in
said bond, in the event that at the election herein provided for more than
forty-two per cent, of the votes cast at said election are "for the new
county of (naming the proposed new county)," "No."
At the time so fixed for said hearing, the Board of County Com-
missioners shall proceed to hear the petitioners and any opponents and
protestants upon the petition or protests filed on or before the time
fixed for the hearing. No petition or protest or petition for the exclu-
sion of territory shall be considered unless the same is filed at least
one day before the time fixed for the hearing, and such petition for
the exclusion of territory shall contain the names of not less than fifty
per cent, of the qualified electors who are resident property taxpayers
of any territory to be excluded. All such territory being excluded must
be in one block, and contain an area of not less than thirty-six square
miles, and be totally within one county, and contiguous thereto, and
the Board of County Commissioners may adjourn such hearing from
time to time, but not for more than ten days after the time fixed for
the hearing, and shall receive the proof to establish or controvert the
facts set forth in said petition. No withdrawals of signatures to the
original petition for the creation of a proposed county shall be filed or
considered which have not been filed with the County Clerk on or before
the date fixed for the hearing. No withdrawals of any signature from
the petition for the exclusion of territory shall be received or considered
which is not filed within five days after the filing of the petition for
such exclusion of territory.
140 ELECTION LAWS OF MONTANA
The Board of County Commissioners, on the final hearing of such
petition or petitions, shall, by a resolution entered on its minutes de-
termine:
1. The boundaries of the proposed new county, and the boundaries
so determined by said Board of County Commissioners shall be the
boundaries of such proposed new county, if it be created as herein
provided.
2. Whether the said petition contains the genuine signatures of at
least fifty-eight per cent of the qualified electors of the proposed new
county as herein required, or in cases where separate petitions are
presented from portions of two or more existing counties as herein
required, whether each petition is signed by at least fifty-eight per cent
of the qualified electors of that portion of each of such existing counties
which it is pi'oposed to take into the proposed new county.
3. Whether any line of the proposed new county passes within fifteen
miles of the court-house situate at the county seat of any county pro-
posed to be divided, except as hereinbefore provided.
4. Whether the proposed new county will contain property, accord-
ing to the last preceding assessment, which will equal in amount at
least Four Million Dollars, inclusive of all assessed valuation.
5. Whether the area of any existing county from which territory
ir, taken to form such new county will be reduced to less than twelve
hundred square miles of surveyed land, by taking the territory proposed
to be taken therefrom to form such new county.
6. Whether the area of the proposed new county will contain at least
one thousand square miles of surveyed land to form such new county.
7. The class to which said proposed new county after its creation
will belong, and the name of said proposed new county, as stated in such
petition.
8. Whether the area embraced within the proposed new county will
be reasonably compact.
On final hearing the Board of Commissioners, upon petition of not
less than fifty per cent, of the qualified electors (as shown by the official
registration books on the day of the filing of any such petition) of any
territory lying within said proposed new county contiguous to the
boundary line of the said proposed new county and of the old county
from which such territory is proposed to be taken, and lying entirely
within a single old county and described in said petition, asking that
said territory be not included within the proposed new county, must
make such changes in the proposed boundaries as will exclude such
territory from such new county, and shall establish and define such
boundaries. On final hearing the Board of Commissioners, upon peti-
tion of not less than fifty per cent, of the qualified electors who are
resident property taxpayers of any territory lying outside said proposed
new county, and contiguous to the boundary line of said proposed new
county, and of the old county or counties from which such territory is
proposed to be included, asking that said territory be included within
the proposed new county, must make such changes in the proposed
boundaries as will include such territory in such new county, and shall
ELECTION LAWS OF MONTANA 141
establish and define such boundaries; provided, however, that the segre-
gation of such territory from any old county or counties shall not leave
such county or counties with less than Eight Million Dollars of assessed
valuation, based upon the last assessment-roll; provided, that no change
or changes so made shall result in reducing the valuation of the proposed
new county to less than an assessed valuation of P'our Million Dollars,
inclusive of all. assessed valuation; and provided, further, that no change
shall be made which shall leave the territory so excluded separate and
apart from and without the county of which it was formerly a part.
Petitions for exclusion shall be disposed of in the order in point of time
in which they are filed with the Clerk of the Board of County Com-
missioners, and on final determination of boundaries no changes in the
boundaries originally proposed shall be made except as prayed for in
said petition or petitions, or to correct clerical errors or uncertainties.
Section 4394. If the said Board of County Commissioners determine
that the formation of said proposed new county will not reduce any
county from which any territory is taken to an assessed valuation of
less than Eight Million Dollars, inclusive of the assessed valuation, nor
the area thereof to less than twelve hundred square miles of surveyed
land, and that the proposed new county contains property of an assessed
valuation of at least Four Million Dollars, inclusive of all assessed valu-
ation, and that the proposed new county has an area of at least one
thousand square miles of land, and that no line of said proposed new
county passes within fifteen miles of the court-house situate at the
county seat of any county proposed to be divided, except as hereinbefore
provided, and that said petition contains the genuine signatures of at
least fifty-eight per cent, of the qualified electors of the proposed new
county, or in cases where separate petitions are presented from portions
of two or more existing counties (as herein required), that each of said
petitions contain the genuine signatures of at least fifty-eight per cent,
of the qualified electors of that portion of the proposed new county from
which it is taken, then the said Board of County Commissioners shall
divide the proposed new county into a convenient number of township,
road, and school districts, and define their boundaries and designate the
names of such districts. Said Board of County Commissioners shall
also, if necessary for the purpose of the election hereinafter provided
for, change the boundaries of the election precincts in said old county
or counties to make the same conform to the boundaries of the proposed
new county; provided, that the boundary lines of no such precinct shall
extend beyond the boundary lines of the then existing county in which
it is located, and from which the territory is proposed to be taken;
and said board shall appoint election officers to act at said election
and to be paid by said board. Within two weeks after its determination
of the truth of the allegations of said petition as aforesaid, the said
Board of County Commissioners shall order and give proclamat'on and
notice of aft election to be held on a specified day in the territory which
is proposed to be taken for the new county, not less than ninety days
nor more than one hundred and twenty days thereafter, for the purpose
of determining whether such territory shall be established and organized
into a new county; and for the election of officers and location of a
142 ELECTION LAWS OF MONTANA
county seat therefor, in case the vote at such election shall be in favor
of the establishment and organization of such new county. All qualified
electors residing within the proposed new county who are qualified
electors of the county or counties from which territory is taken to form
such proposed new county, and who have resided within the limits of
the proposed county for a period of more than six months next preceding
the day of election, and who are registered under the provisions of the
registration laws of the State, shall be entitled to vote at said election.
Registration and transfers of registration shall be made and shall close
in the manner and at a time provided by law for registration and trans-
fers of registration for a general election in the State of Montana. Such
proclamation and notice of election shall be published at least once a
week for three weeks before the holding of such election, in some news-
paper of general circulation published in the territory which is proposed
to be taken for the new county, and a copy thereof shall be mailed im-
mediately by the County Clerk of the county in which the petition is
filed to the County Clerk of each county from which territory is taken
for the proposed new county. Such proclamation and notice shall require
the voters to cast ballots which shall contain the words, "For the new
county of (giving the name of the proposed new county)"
"Yes," and "For the new county of (giving the name of
the proposed new county)" "No," and each voter desiring to vote for
the establishment and organization of said new county shall mark a
cross (X) opposite the words, "For the new county of ,"
"Yes," in the manner now required by law in other elections, and each
voter desiring to vote against the establishment and organization of
said new county shall mark a cross (X) opposite the words, "For the
new county of ," "No," in the manner now required
by law in other elections; and shall also contain the names of persons
to be voted for to fill the various elective offices designated in said
proclamation for counties of the class to which said proposed county
v/ill belong, as determined by the Board of County Commissioners as
herein otherwise provided. There shall also be printed upon said ballot
the words, "For the county seat," and the names of all cities or towns
which may have filed with the County Clerk a petition signed by at
least twenty-five qualified electors, nominating any city or town within
the proposed new county for the county seat, and the voter shall desig-
nate his choice for county seat by marking a cross (X) opposite the name
of the city or town for which he desires to cast his ballot. At the special
election to be held, as provided in this Act, the question of the election
of the county seat is hereby provided to be submitted to the qualified
electors of the proposed new county, and the majority of all the votes
cast therefor shall determine the election thereon. In case any city or
town fails to receive a majority of all the votes cast, then .the city or
town receiving the highest number of all votes cast shall be designated
as the temporary county scat, and in case any city or town is not the
choice of the election for the county seat by a majority of all the votes
cast, the question of choice between the two cities or towns for which the
ELECTION LAWS OF MONTANA 143
highest number of votes shall have been cast shall be submitted in like
mannei" to the qualified electors at the next general election thereafter.
When the county seat shall have been selected as herein provided, it
shall not thereafter be changed except in the manner provided by law.
The proclamation calling the election and the notice thereof provided
for in this Act shall be made and given exclusively by the Board of
County Commissioners with which is filed the said petition for the
formation and establishment of such new county, and such board shall
cause the clerk of said county to furnish to the officers of each precinct
in such proposed new county all ballots, poll lists, tally lists, registers
for voters' signatures, ballot boxes, and other election supplies and
equipment necessary to conduct such election, and which are not here-
inafter specifically directed to be furnished by the clerk of another
county or counties. Such election shall be governed and controlled by
the general election laws of the State, so far as the same shall be ap-
plicable, except as herein otherwise provided. The returns of all elections
for the creation of the county, and for officers and for location of the
county seat as provided for in this Act, shall be made to and canvassed
by the Board of County Commissioners of the county from which the
largest area is taken by the proposed county.
The County Clerk of each county from which territory is taken for
the proposed new county shall, not less than five days before the date
of such election, furnish to each board of election within said proposed
new county, a copy of the official register for the precincts of such
proposed new county as are within their respective counties, and the
copies of indexes thereof required by law containing the names of all
persons \vho were qualified electors at the last general election before
the date of such election.
All returns of election herein provided for shall be made to the Board
of County Commissioners calling such election.
All nominations of candidates for the office required to be filled at
said election shall be made in the manner provided by law for the nomi-
nation of candidates by petition.
The provisions of the election laws relating to preparation, printing,
and distribution of sample ballots, except the provisions of said laws
relating to primary elections in this state, shall have application to any
election provided for in this Act.
Section 4395. If, upon the canvass of the votes cast at such election,
it appears that fifty-eight per cent, of the votes cast are "For the new
county of ," "Yes," the Board of County Commis-
sioners shall, by a resolution entered upon its minutes, declare such
territory duly formed and created as a county of this State, of the class
to which the same shall belong, under the name of
county, and that the city or town receiving the highest number of votes
cast at said election for county seat shall be the county seat of said
county until removed in the manner provided by law. and designating
and declaring the person receiving respectively the highest number of
144 ELECTION LAWS OF MONTANA
votes for the several offices to be filled at said election, to be duly
elected to such offices. Said board shall forthwith cause a copy of its
said resolution, duly certified, to be filed in the office of the Secretary
of State, and ninety days from and after the date of such filing said
new county shall be deemed to be "fully created, and the organization
thereof shall be deemed completed, and such officers shall be entitled
to enter immediately upon the duties of their respective offices upon
qualifying in accordance with law and giving bonds for the faithful per-
formance of their duties, as required by the laws of the state. The Clerk
of the Board of County Commissioners with which said petition was filed,
as herein provided, must immediately make out and deliver to each of
said persons so declared and designated to be elected, a certificate of
election authenticated by his signature and the seal of said county. The
persons elected members of the Board of County Commissioners and
the County Clerk shall immediately, upon receiving their certificates of
election, assume the duties of their respective offices.
The Board of County Commissioners shall have authority to provide
a suitable place for the county officers, and to purchase such supplies as
may be deemed necessary for the proper conduct of the county govern-
ment. All other officers take office ninety days after the filing of the res-
olution herein provided for with the Secretary of State. All the officers
elected at said election, or appointed under this Act, shall hold their
offices until the time provided by general law for the election and
qualification of such officers in this State, and until their successors
are elected and qualified, and for the purpose of determining the term
of office of such officers, the years said officers are to hold office are
to be computed respectively from and including the first Monday after
the first day of January following the last preceding general election.
If, however, upon such canvass it appears that more than forty-two per
■cent, of the votes cast at said election are "For the new county of
," "No," the Board of County Commissioners can-
vassing said vote as provided herein shall pass a resolution in accordance
therewith, and thereupon the proceedings relating to division of such
county or counties shall cease; and no other proceedings in relation to
any other division of said old county or counties shall be instituted for
at least two years after such determination.
Section 4396. At the election provided for in Section 4394 of this
Code, there shall be chosen such county, township, and district officers
as are now or may hereafter by general law be provided for in counties
of the class to which the said new county is determined to belong, as
herein provided; provided, that all duly elected, qualified and acting
officers of the county or counties, who may reside within the proposed
new county, shall be deemed to be officers of said new county if they
file with the Board of County Commissioners, whose duty it shall be to
call the election, within five days after the final heai-ing and determin-
ation of said petition for such proposed new county, their intention
to become officers of said proposed new county and the Board of County
Commissioners issuing the proclamation of any election, as in this Act
ELECTION LAWS OF MONTANA 145
provided, shall omit providing for the election of any such officers as
may have filed their declaration as herein provided; and provided, also,
that all duly elected, qualified, and acting Justices of the Peace and
Constables residing within the proposed new county at the time of the
division of such county into townships, as hereinbefore in Section 4394
provided, shall hold office as such Justices of the Peace or Constables
in said county for the remainder of the term for which they were elected
on qualifying as Justices of the Peace or Constables for the respective
townships in which they reside, when said townships are organized as
provided in this Act; provided, further, that all duly elected, qualified,
and acting School Trustees residing within the proposed new county at
the time of the division of such county into school districts, as herein-
before in .Section 4394 provided, shall hold office as School Trustees in
said new county for the remainder of the term for which they were
elected on qualifying as School Trustees for the respective districts
in which they reside, as said districts are organized as provided by this
Act. Each person elected or appointed to fill an office of such new county
under the provisions of this Act shall qualify in the manner provided
by law for such officers, except as herein otherwise provided, and shall
enter upon the discharge of the duties of his office within such time
as herein provided, after the receipt of the certificate of his election.
Each of such officers may take the oath of office before any officers
authorized by the laws of the State of Montana to administer oaths,
and the bond of any officer from which a bond is required shall be
approved by any Judge of the District Court of the district to which
such new county is attached for judicial purposes. The officers elected
or appointed under the provisions of this Act shall each perform the
duties and receive the compensation now provided by general law for
the office to which he has been appointed or elected in the counties of
the class to which such new county shall have been determined to belong,
as herein provided under the general classification of counties in this
state.
Said new county, when created and organized in pursuance of the
provisions of this Act, shall be attached to such judicial district as may
be designated by the Governor of the State of Montana, in a proclama-
tion to be issued by him, designating such new county as attached to
the particular judicial district for judicial purposes.
Section 4397. It shall be the duty of the persons elected to or con-
tinuing to hold the office of County Commissioners of said new county
to meet at the county seat thereof within five days after all of them
shall have qualified, and upon organization of said Board of County
Commissioners it shall notify the Governor of the state of the organiza-
tion of said county, and thereupon it shall be the duty of the Governor
to appoint three persons, one of whom shall be a resident and a tax-
payer within the new county, and no two of whom shall be from any
one county; the three persons so appointed shall form and be a Board
of Commissioners. Such Commissioners shall, within ten days after the
notice of the appointment, meet at the county seat of the new county and
organize by electing from their number a chairman, and also elect a
146 ELECTION LAWS OF MONTANA
secretary who must not be a member of said Commission. Thereafter
such Commission may meet at such place or places as it may select. A
majority of such Commissioners shall constitute a quorum for the trans-
action of business. Said Commission shall have power to compel by
citation or subpoena, signed by their pi-esident and secretary, the at-
tendance of such persons and the production of such books and papers
before said Commission as may be required in the performance of the
duties imposed by this Act, except that the official i-ecords of any county
or counties from which said new county was formed shall in no case be
taken away from the county seat of said county. It shall be the duty of
the sheriff of any county to execute in his county all lawful orders
and citations of the said Commission; and for any services so performed
the Sheriff shall be allowed the same fees as are allowed to him for
services in civil actions; and all witnesses attending before said Com-
mission shall be entitled to the same compensation and mileage as is
allowed to witnesses in courts of record; provided, that no witness
shall be excused from attendance at the time and place mentioned in
said order or citation by reason of the failure of the officer making such
service to tender to such witness his fees and mileage in advance.
Section 4398. Said Board of Commissioners shall immediately after
its organization ascertain the costs of the election held hereunder, and
apportion the same pro rata among each of the counties from which
territory was taken to form such new county *********.
Section 4404. Whenever in this Act publication of any notice is pro-
vided for, and no newspaper of general circulation is published within
the territory in which said notice is required to be published, notice shall
be given by posting copies of such notices in at least ten public places
in such territories for the same length of time said notice was required
to be published. ^
Section 4405. The territory within the limits of any new county,
until otherwise provided by law, shall be entitled to representation in
the State Senate by one State Senator; and to representation in the
House of Representatives by one member of the House of Representa-
tives.
Section 4406. Any member of the Board of County Commissioners,
or any other officer who unlawfully and knowingly violates any of the
provisions of this Act, or fails or refuses to perform any duty imposed
upon him hereunder, shall be guilty of a misdemeanor and of malfeas-
ance in office, and shall be deprived of his office by a decree of a court
of competent jurisdiction, after trial and conviction.
Section 4407. All Acts and parts of Acts in conflict herewith are
hereby repealed, with the exception: This Act shall not apply in any cases
whereby the election has been held under the Act passed by the Fifteenth
Legislative Session for the creation of counties and a ma city vote has
been cast in favor thereof, but the provisions of this Act shall be
deemed in full force and effect so far as they may affect any proposed
new county now in process of creation, unless said new county can
ELECTION LAWS OF MONTANA 147
comply with the requirements of this Act; and it is hereby made the
duty of the Board of County Commissioners which may have ordered
any election in pursuance of existing laws to immediately make an order
annulling and setting aside all further proceedings in relation to such
proposed new county, including an order to nullify and set aside any
election oi'der theretofore made; provided, if any order is made nullifying
and setting aside any election as provided in this section, any bond
which may have been given in pursuance with the provisions of law
relating to the costs of election for the creation of any proposed new
county shall be deemed void, and no liability shall be incurred there-
under.
DUTIES OF COUNTY COMMISSIONERS RELATIVE TO
ELECTIONS
Section 4465. The Board of County Commissioners has jurisdiction
and power under such limitations and restrictions as are prescribed
by law:
3. To establish, abolish, and change election precincts, and to appoint
judges of election, canvass all election returns, declare the result, and
issue certificates thereof.
Section 4515. The Board of County Commissioners must provide all
poll -lists, poll-books, blank returns and certificates, proclamations of
elections, and other appropriate and necessary appliances for holding
all elections in the county, and allow reasonable charges therefor, and
for the transmission and return of the same to the proper officers.
Section 4516. Whenever, as canvassers, the Board of County Com-
missioners declares the result of any election held in the county, cer-
tificates must be by the clerk of the board issued to all persons elected
to a county office or to a township or district office therein, and such
other certificates must be made out and transmitted as required by the
title relative to Elections.
SEED GRAIN LAW — MANNER OF VOTING BONDS
Section 4640. Whenever there has been a total or partial failure of
crops by reason of drouth, hail, or other misfortune, in any county of
the State, it shall be lawful for the Board of County Commissioners of
such county, upon being petitioned so to do, to purchase seed-grain of
such kinds as may be necessary and to furnish and supply such seed-
grain to the inhabitants of such county who are engaged in the occupa-
tion of farming, and who are financially unable to procure seed-grain,
and who require such seed-grain in order to enable them to plant and
sow crops at the next ensuing planting season. Such petition must be
in writing and signed by not less than one hundred freeholders residing
in such county, and must be filed with the County Clerk of such county;
provided, however, that the signature need not be appended to one paper,
but each signer shall add to his signature, his postoffice address and
the number of his voting precinct, and all such papers when bound or
148 ELECTION LAWS OF MONTANA
fastened together and filed shall constitute and be considered as one
petition.
Section 4641. Upon the filing of such petition with the County
Clerk, such officer must forthwith call a special meeting of the Board
of County Commissioners of such county to consider such petition, and
the date fixed for such meeting shall be not more than five days after
the filing of such petition. Written notice of the calling of such special
meeting shall be given each member of the board by the County Clerk
by delivering such notices personally or by registered mail; provided,
however, that if any one member shall fail to attend such meeting by
reason of not receiving such notice, or for any other reason, the other
two members of said board may hold such meeting; and provided fur-
ther, that notice of such meeting may be dispensed with by the unani-
mous consent of all of the members of such board, which consent must
be entered on the minutes of such meeting.
Section 4644. If the estimate of the Board of County Commissioners
of the amount of indebtedness which the county will be required to
incur in order to supply and furnish such seed-grain exceeds the sum
of Ten Thousand Dollars, the board must forthwith call a special elec-
tion for the purpose of submitting to the electors of such county the
question of whether or not such county shall incur an indebtedness to
the amount of such estimate, or if the amount of such estimate, together
with the then existing indebtedness of such county, will exceed the
constitutional limit of indebtedness, then in any amount less than the
amount of such estimate, and which will not, together with the then
existing indebtedness of such county, exceed the constitutional limit of
indebtedness, for the purpose of furnishing and supplying seed-grain
to the inhabitants of such county who are engaged in the occupation of
farming, and who are financially unable to procure seed-grain for
planting and sowing crops at the next ensuing planting season; pro-
vided, however, that such election may be held at the same time as any
other special election called for any purpose.
Section 4645." Said special election shall be called for a day not less
than fifteen days nor more than thirty days after the day on which the
order is made by such board for the holding of such special election,
and the board shall give notice of the calling of such election by issuing
an election proclamation, which proclamation shall be published two
successive times in the newspaper published in such county having the
conti'act for publishing official notices of such county, if such newspaper
be published weekly, but if it be published daily, then eight successive
insertions thereof; and copies of such pi-oclamation shall be posted in
three public places in each voting precinct in such county at least ten
days before the day on which such election is to be held. Said proclama-
tion shall clearly state the amount of indebtedness to be incurred, the
purpose for which said indebtedness is to be incurred, the day on which
such election is to be held, and the hours when the polls will be open,
and no other notice shall be given of the calling or holding of such
election.
ELECTION LAWS OF MONTANA 149
Section 4646. Said election, except as herein othenvise provided,
shall be held and conducted, and the returns thereof made and canvassed,
in all respects in the manner prescribed by law in regard to the sub-
mission of questions to the electors of the county under the general
election law.
Section 4647. None of the provisions of Sections 566 and 567 of
this Code shall apply to said election, but the County Clerk shall close
registration for such election at five o'clock p. m. on the eleventh day
before the day on which said election is to be held, and all electors
whose names shall appear on the registration books of such county at
the time the same are closed for such election shall be entitled to vote
at such special election; provided, however, that if any person whose
name does not appear on the register of voters for the precinct in which
such person resides shall request the judges of election for such precinct
to permit him to vote at such election, such judges shall enter the name
of such person upon the register of voters for such precinct upon such
person taking the oath, answering the questions, and complying with
such other provisions of Section 554 of this Code as are required for
registration, and thereupon such person shall be permitted to vote at
such election. The judges of election for each election precinct are
hereby designated and appointed Deputy Registrars, within their re-
spective election precincts, for the purpose of carrying out the pro-
visions of this section, and shall have all the powers and perform all of
the duties of the Registrar authorized and required by Chapter one hun-
dred twenty-two, Acts of the Fourteenth Legislative Assembly. The
judges of election shall, at the same time and in the same manner the
election retui-ns of such election are delivered or mailed to the County
Clerk, deliver or mail to the County Clerk all affidavits and registry
cards made and filed out before them at such election. The County Clerk
shall provide such election judges with a suitable number of blank
affidavits and registry cards for use in their respective precincts duiing
such election.
Section 4648. The ballots for such special election shall conform as
near as possible with the ballots used at general elections, and shall
have printed thereon in fair sized legible type and black ink, in one or
more lines as required, the words, "For incuri-ing an indebtedness not
exceeding the sum of (stating such sum), for the purpose of purchasing
seed-grain to be furnished and supplied by the county to the inhabitants
of the county who are engaged in the occupation of farming, and who
are financially unable to procure such seed-grain and who require such
seed-grain in order to enable them to plant and sow crops at the next
ensuing planting season," and thereunder in one or more lines, as re-
quired, the words "against incurring an indebtedness not exceeding the
sum of (stating such sum), for the purpose of purchasing seed-grain
to be furnished and supplied by the county to the inhabitants of the
county who are engaged in the occupation of farming, and who are
financially unable to procure such seed-grain and who require such
seed-grain in order to enable them to plant and sow crops at the next
ensuing planting season." And there shall be before the word "For"
150 ELECTION LAWS OF MONTANA
and before the word "Against," each, a square space of sufficient size
to place a cross or X therein.
Section 4676. This Act and all of its provisions shall be liberally
construed so as to effectuate its purpose, and a failure to give any of
the notices herein provided for, or to perform any of the acts herein
required, within the exact time prescribed, shall not invalidate any elec-
tion held hereunder, or any warrants or bonds issued; provided, there
has been a substantial compliance with the provisions of this Act except
as to time.
BONDS TO COVER DROUGHT RELIEF
Section 4680. To enable the several counties of the State of Montana
to provide relief for their inhabitants, who by reason of misfortune
are entitled to the aid of society, the Boards of County Commissioners
of all counties in this state, upon petition as hereinafter provided for,
are hereby authorized to purchase and provide seed-grain, feed, pro-
visions, and other necessary supplies, and to furnish the same to the
inhabitants of their several counties who, by reason of drouth, hail,
or other unfavorable climatic conditions, have been rendered financially
unable to procure the same.
Section 4681. Petitions for such relief must be in writing and signed
by not less than one hundred freeholders residing in a county, and must
be filed with the County Clerk of such county; provided, however, that
the signatures need not be appended to one paper, but each signer shall
add to his signature his postoffice address and the number of his
voting precinct, and all such papers when bound or fastened together
and filed shall constitute and be considered as one petition.
Section 4682. Upon the filing of such petition with the County Clerk,
such officer must forthwith call a special meeting of the Board of
County Commissioners of such county to consider such petition, and the
date fixed for such meeting shall be not more than five days after the
filing of such petition. Written notice of the calling of such special
meeting shall be given each member of the board by the County Clerk,
by delivering such notices personally or by registered mail; provided,
however, that if any one member shall fail to attend such meeting by
reason of not receiving such notice, or for any other reason, the other
two members of said board may hold such meeting; and provided, fur-
ther, that notice of such meeting may be dispensed with by the unani-
mous consent of all of the members of such board, which consent must
be entered on the minutes of such meeting.
Section 4683. At such meeting the board shall examine such peti-
tions and make or cause to be made such investigation as may be neces-
sary for the board to ascertain and determine whether or not it is neces-
sary that such county supply and furnish any of its inhabitants with
seed grain, feed, provisions, or other supplies. If a majority of the board
shall find and determine from such investigation that it is necessary
for such county to do so, the board shall make an order granting such
petition, and shall make an estimate of the quantity of seed-grain, feed.
ELECTION LAWS OF MONTANA 161
provisions, or other supplies required for such purpose, and also of the
amount of indebtedness the county will be required to incur in order to
supply the same. The finding:s and determination of the board, together
with its estimates, and the order granting the petition, shall be entered
on the minutes of the board.
Section 4684. If the said estimate of the amount of indebtedness
required to be incurred does not exceed the sum of Ten Thousand Dol-
lars, and, together with the then existing indebtedness of such county,
does not exceed the constitutional limit of indebtedness, the Board of
County Commissioners shall proceed to purchase the seed-grain, feed,
provisions, or other supplies, and to furnish and supply the same in the
manner hereinafter provided. Said relief shall be furnished to appli-
cants therefor of the class specified in this Act, who are inhabitants
of such county, and who have filed the application and statement here-
inafter specified; provided, however, that such county shall not incur
an indebtedness for such purpose in excess of Ten Thousand Dollars,
except as hereinafter provided.
Section 4685. If the estimate of the Board of County Commissioners
of the amount of indebtedness which the county will be required to incur
in order to supply and furnish the relief herein provided for exceeds
the sum of Ten Thousand Dollars, the board must forthwith call a special
election for the purpose of submitting to the electors of such county
the question of whether or not such county shall incur an indebtedness
to the amount of such estimate, or if the amount of such estimate, to-
gether with the then existing indebtedness of such county, will exceed
the constitutional limit of indebtedness, then in any amount less than
the amount of such estimate, and which will not, together with the then
existing indebtedness of such county, exceed the constitutional limit of
indebtedness, for the purpose of furnishing and supplying the relief
herein provided for to the inhabitants of such county, and who are finan-
cially unable to procure the same; provided,however, that such election
may be held at the same time as any other special election called for
any purpose.
Section 4686. Said special election shall be called for a day not less
than fifteen days nor more than thirty days after the day on which the
order is made by such board for the holding of such special election,
and the board shall give notice of the calling of such election by issuing
an election proclamation, which proclamation shall be published two
successive times in the newspaper published in such county having the
contract for publishing official notices of such county, if such news-
paper be published weekly, but if it be published daily, then eight suc-
cessive insertions thereof, and copies of such proclamation shall be posted
in three public places in each voting precinct in such county at least ten
days before the day on which such election is to be held. Said procla-
mation shall clearly state the amount of indebtedness to be incurred,
the purpose for which said indebtedness is to be incurred, the day on
which such election is to be held, and the hours when the polls will be
open, and no other notice shall be given of the calling or holding of
such election.
152 ELECTION LAWS OF MONTANA
Section 4687. Said election, except as herein otherwise provided, shall
be held and conducted, and the returns thereof made and canvassed in
all respects in the manner prescribed by law in regard to the submission
of questions to the electoi-s of a county under the general election law.
Section 4688. None of the provisions of Sections 566 and 567 of this
Code shall apply to said election, but the County Clerk shall close reg-
istration for such election at five o'clock p. m. on the eleventh day before
the day on which said election is to be held, and all electors whose
names shall appear on the registration books of such county at the time the
same are closed for such election shall be entitled to vote at such special
election; provided, however, that if any person whose name does not
appear on the register of voters for the precinct in which such person
resides, shall request the judges of election for such precinct to permit
him to vote at such election, such judges shall enter the name of such
person upon the register of voters for such precinct upon such person
taking the oath, answering the questions, and complying with such other
provisions of Section 554 of this Code as are required for registration,
and thereupon such person shall be permitted to vote at such election.
The judges of election for each election precinct are hereby designated
and appointed Deputy Registrars, within their respective election pre-
cincts, for the purpose of carrying out the provisions of this section,
and shall have all the powers and perform all of the duties of the Reg-
istrar authorized and required by Chapter One hundred twenty-two,
Acts of the Fourteenth Legislative Assembly. The judges of election
shall, at the same time and in the same manner the election returns of
such election are delivered or mailed to the County Clerk, deliver or mail
to the County Clerk all affidavits and registry cards made and filled
out before them at such election. The County Clerk shall provide such
election judges with a suitable number of blank affidavits and registry
cards for use in their respective precincts during such election.
Section 4689. The ballots for such special election shall confoi'm as
near as possible with the ballots used at general elections, and shall
have printed thereon in fair sized legible type and black ink, in one or
more lines as required, the words "For incurring an indebtedness not
exceeding the sum of (stating the amount) for the purpose of purchas-
ing seed-grain, feed, provisions, and other necessary supplies to be fur-
nished and supplied by the county to its inhabitants who are financially
unable to procure the same, and who have been reduced to such condition
by reason of drouth, hail, or other unfavorable climatic conditions."
And thei'eunder, in one or more lines as required, the words "Against
incurring an indebtedness not exceeding the sum of (stating the amount)
for the purpose of purchasing seed-grain, feed, provisions, and other
necessary supplies to be furnished and supplied by the county to its
inhabitants who are financially unable to procure the same, and who
have been reduced to such condition by reason of drouth, hail, or other
unfavorable climatic conditions." There shall be placed before the word
"for" and before the word "against," each, a square space of sufficient
size to place a cross or "X" therein.
ELECTION LAWS OF MONTANA 153
Section 4690. If a majority of the votes cast at such special election
are in favor of such indebtedness being incurred, then the Board of
County Commissioners shall proceed to purchase and procure the seed-
grain, feed, provisions, or other supplies, and to furnish and supply the
same in the manner hereinafter provided to applicants therefor who are
inhabitants of the county, who are in need of such relief, who have made
application therefor as hereinafter provided, who are financially urable
to procure such relief, and who have been reduced to such condition by
reason of drouth, hail, or other unfavorable climatic conditions; provided,
however, that no indebtedness shall be incurred for such purpose in
excess of the amount authorized by such special election.
Section 4710. This Act, and all of its provisions, shall be liberally
construed so as to effectuate its purpose, and a failure to give any of
the notices herein provided for, or to perform any of the acts herein
required within the exact time prescribed, shall not invalidate any elec-
tion held hereunder, or any warrants or bonds issued, provided there
has been a substantial compliance with the provisions of this Act except
as to time.
BOND ISSUE AND TAX LEVY FOR BRIDGE CONSTRUCTION
Section 4713. The Board of County Commissioners may, in their dis-
cretion, for the purpose of constructing roads and bridges, make an
increased levy upon the taxable property of the county of ten mills or
less; provided, that -such proportion of the funds derived under the pro-
visions of this Act as are expended on State and main highways shall
be expended under plans approved by the State Highway Commission.
Section 4714. Before such increased levy shall be made, the question
shall be submitted to a vote of the people at some general or special
election, and shall be submitted in the following form, inserting the num-
ber of mills proposed to be levied:
"Shall there be an increased levy of mills upon the taxable
property of the County of , State of Montana, for
the purpose of constructing roads and bridges ?
□ Yes.
□ No."
Section 4715. A majority of the votes cast shall be necessary to
adopt such measure.
Section 4716. Such levy shall be collected in the same manner as
other road taxes are collected.
154 ELECTION LAWS OF MONTANA
CHAPTER 188— LAWS 1931
Section 7. PETITION AND ELECTION REQUIRED FOR BONDS
ISSUED FOR OTHER PURPOSES. County bonds for any other pur-
pose than those enumerated in Section 6 of this Act shall not be issued
unless authorized at a duly called special or general election at which
the question of issuing such bonds was submitted to the qualified elec-
tors of the county and approved as provided in Section 13 of this Act;
and no such bond election shall be called unless there has been pre-
sented to the Board of County Commissioners a petition, asking that
such election be held and such question be submitted, signed by not
less than twenty per centum (20%) of the qualified electors of the
county, who are taxpayers upon property within the county and whose
names appear on the last completed assessment roll for state and
county taxes.
Section 8. FORM, CONTENTS AND PROOF OF PETITION. Every
petition for the calling of an election to vote upon the question of
issuing county bonds shall plainly and clearly state the purpose or pur-
poses for which the proposed bonds are to be issued, and shall contain an
estimate of the amount necessary to be issued for such purpose or pur-
poses. There may be a separate petition for each purpose, or two (2)
or more purposes may be combined in one (1) petition if each purpose,
with an estimate of the amount of bonds necessary to be issued therefor,
is separately stated in such petition. Such petition may consist of one
(1) sheet, or of several sheets identical in form arid fastened together
after being circulated and signed so as to form a single complete peti-
tion before being delivered to the County Clerk as hereinafter provided.
The petition shall give the postoffice address and voting precinct of
each person signing the same.
Only persons who are qualified to sign such petition shall be quali-
fied to circulate the same, and there shall be attached to the completed
petition the affidavit of some person who circulated, or assisted in circu-
lating such petition, that he believes the signatures thereon are genuine
and that the signers knew the contents thereof before signing the same.
The completed petition shall be filed with the County Clerk who shall,
within fifteen (15) days thereafter, carefully examine the same and the
county records showing the qualifications of the petitioners, and attach
thereto a certificate under his official signature and the seal of his of-
fice, which certificate shall set forth:
(1) The total number of persons who are registered electors and
whose names appear upon the last completed assessment roll for state
and county taxes.
(2) Which and how many of the persons whose names are subscribed
to such petition are possessed of all of the qualifications required of
signers to such petition.
(3) Whether such qualified signers constitute more or less than
twenty per centum (209r) of the registered electors whose names appear
upon the last completed assessment roll for state and county taxes.
ELECTION LAWS OF MONTANA 165
Section 9. CONSIDERATION OF PETITION— CALLING ELEC-
TION. When such petition has been filed with the County Clerk and he
has found that it has a sufficient number of signers, qualified to sign
the same, he shall place the same before the Board of County Commis-
sioners at its first meeting held after he has attached his certificate
thereto. The boai-d shall thereupon carefully examine the petition and
make such other investigation as it may deem necessary.
If it is found that the petition is in proper form, bears the requisite
number of signers of qualified petitioners, and is in all other respects
sufficient, the board shall pass and adopt a resolution which shall recite
the essential facts in regard to the petition and its filing and presenta-
tion, the purpose, or purposes, for which the bonds are proposed to be
issued, and fix the exact amount of bonds proposed to be issued for each
purpose, which amount may be less than but must not exceed the amount
set forth in the petition, determine the number of years through which
such bonds are to be paid, not exceeding the limitations fixed in Section
4 hereof, and making provision for having such question submitted to
the qualified electors of the county at the next general election, or at
a special election which the board may call for such purpose.
Section 10. NOTICE OF ELECTION— ELECTION HOURS— ELEC-
TION OFFICERS. Whether such election is held at the general election,
or at a special election, separate notice shall be given thereof. Such
notice shall state the date when such election will be held, the hours be-
tween which the polls will be open, the amount of bonds proposed to be
issued, the purpose of the issue, the tei-m of years through which the
bonds are to be paid, and such other information regarding the holding
of the election and the bonds proposed to be issued as the board may
deem proper. If bonds are to be issued for two (2) or more purposes,
each purpose and the amount therefor must be separately stated. Such
notice shall be posted in each voting precinct throughout the county in
the same manner as notices for a general election are required to be
posted. Such notice must also be published once each week for four (4)
consecutive weeks preceding the election in the official newspaper of
the county.
If the question of issuing bonds is submitted at a special election
called for such purpose the Board of County Commissioners shall fix
the hours through which the polls are to be kept open, which shall be
not less than eight (8), and which must be stated in the notice of elec-
tion, and may appoint a smaller number of election judges than is re-
quired for a general election, but in no case shall there be less than
three (3) judges in the precinct, and such judges shall act as their own
clerks.
If the question of issuing bonds is submitted at a general election,
the polls shall be kept open during the same hours as are fixed for such
general election and the judges and clerks for such general election
shall act as the judges and clerks for such bond election.
Section 11. FORM OF BALLOTS AND CONDUCT OF ELECTION.
The form of ballots shall be as prescribed by Section 4722 of the Revised
156 ELECTION LAWS OF MONTANA
Codes of Montana of 1921; but if bonds are sought to be issued for two
(2) or more separate purposes, then separate ballots must be provided
for each pui-pose. The election shall be conducted in the manner pre-
scribed by said Section 4722 of the 1921 Codes, and the general election
laws of the State shall govern insofar as they are applicable; but if such
question be Submitted at a general election the votes thereon must be
counted separately and separate returns must be made by the judges
and clerks at such election. ,
Section 12. WHO ARE ENTITLED TO VOTE. All qualified electors
of the county, whose names appear upon the registration list of the
county and upon the poll books of the precinct in which they seek to
vote, shall be qualified to vote at all county bonding elections, and no
property assessment or taxpaying qualification shall be required.
Section 13. PERCENTAGE OF ELECTORS REQUIRED TO AU-
THORIZE BOND ISSUE. Whenever the question of issuing county
bonds for any purpose is submitted to the qualified electors of a county,
at either a general or special election, not less than forty per centum
(40%) of the qualified electors entitled to vote on such question must
vote thereon, otherwise such proposition shall be deemed to have been
rejected; provided, however, that if forty per centum (40%) or more
of such qualified electors do vote on such question, at such election, and
a majority of such votes shall be cast in favor of such proposition, then
such proposition shall be deemed to have been approved and adopted.
Section 14. CANVASS OF ELECTION RETURNS— RESOLUTION
FOR BOND ISSUE. If the bonding election be held at the same time
as a general election, then the returns shall be canvassed at the same
time as the returns from such general election; but if the bonding elec-
tion is a special election, then the Board of County Commissioners shall
meet within ten (10) days after the date of holding such special election
and canvass the returns. If it is found that at such election forty per
centum (40%) or more, of the qualified electors entitled to vote at such
election voted on such question, and that a majority of such votes were
cast in favor of the issuing of such bonds, the Board of County Commis-
sioners shall, at a regular or special meeting held within thirty (30)
days thereafter, pass and adopt a resolution providing for the issuance
of such bonds. Such resolution shall recite the purpose for which such
bonds are to be issued, the amount thereof, the maximum rate of interest
the bonds may. bear, the date they shall bear, the period of time through
which they shall be payable, the optional provisions, if any; and provide
for the manner of the execution of the same. It shall pi-ovide that prefer-
ence shall be given amortization bonds but shall fix the denomination
of serial bonds in case it shall be found advantageous to issue bonds in
that form, and shall adopt a form of notice of the sale of the bonds.
The board may, in its discretion, provide that such bonds may be
issued and sold in two or more series or installments.
ELECTION LAWS OF MONTANA 167
FLOATING INDEBTEDNESS OF COUNTIES— FUNDING OF THE
SAME
(Chapter 159, Laws of 19:51)
Section i. * * * (a) * * * Funding: the same by issuing funding bonds
and selling such bonds in the manner provided by law; provided, how-
ever, that such bonds may be issued and sold without the Board of
County Commissioners being required to submit the question of issuing
such bonds at an election. * * * .
QUESTION OF RAISING MONEY TO BE SUBMITTED TO A VOTE
(Constitutional Provisions, Art. XIII, Sec. 5, Page 14)
Section 4717. The Board of County Commissioners must not borrow
money for any of the purposes mentioned in this title, or for any single
purpose to an amount exceeding Ten Thousand Dollars without the ap-
proval of a majority of the electors of the county, and without first
having submitted the question of a loan to a vote of such electors; pro-
vided, that it shall not be necessary to submit to the electors the ques-
tion of borrowing money to refund outstanding bonds, or for the purpose
of enabling any county to liquidate its indebtedness to another county
incident to the creation of a new county or the change of any county
boundary lines.
Section 4718. Whenever it is necessary to submit to a vote of the
electors of the county the question of making a loan, the board must
first determine the amount necessary to be raised.
Section 4719. Notice of the election, clearly stating the amount to
be raised and the object of the loan, must be given, and the election held
and conducted, and the returns made in all respects in the manner pre-
scribed by law in regard to the submission of questions to the electors
of a locality under the general election law.
Section 4720. There must be written or printed on the ballots the
words "For the loan" and "Against the loan," and in voting the elector
must vote for the proposition he prefers by making an X opposite the
proposition.
Section 4721. If a majority of the votes cast are in favor of the loan,
then the board may make the loan, issuing bonds, or otherwise, as may
seem best for the interests of the county.
Section 4722. Hereafter, whenever, in due course of law, in the man-
ner and form required by law and according to the provisions and re-
quirements of law, any question or proposition of or relating to bonded
indebtedness, or of issuing bonds or of refunding, increasing, or creating
a bonded indebtedness is submitted, ordered submitted or to be submit-
ted, to the electors of any county, at a general or other election, when,
at the same time candidates for national, state, or county office or
offices are to be voted upon or for by the qualified electors of such
county, such question or proposition relating to bonds or bonded indebt-
edness shall not be placed or printed upon the official ballots furnished
158 ELECTION LAWS OF MONTANA
electors at such election for the purpose of voting for candidates for
any office or offices, and containing the names of candidates for office
or offices to be voted for at such election, but the County Commission-
ers shall authorize, and the County Clerk shall have printed and fur-
nished to election judges and officials in each voting precinct of such
county, separate ballots therefor, equal in number to the official ballots
so furnished, and containing the names of such candidates for office.
Said separate ballots shall be white in color and of convenient size, being
only large enough to contain the printing herein required to be done
and placed thereon, and shall have printed thereon in fair-sized, legible
type and black ink, in one line or more, as required, the words "For"
said bonding proposition (stating it and the terms thereof explicitly and
at length), and thereunder the words "Against" said bonding proposi-
tion (stating it and the terms thereof explicitly and at length in like
manner as above) ; and there shall be before the word "For" and before
the word "Against," each, a square space of sufficient size to place a
plain cross or X therein, and such arrangement shall be in this manner:
Q For (stating propositions.)
f~| Against (stating propositions.)
Such separate ballots shall be kept, stamped, given out, received,
counted, retuiTied, and disposed of by election judges in like manner as
other official ballots herein referred to. Each qualified elector offering
to vote and permitted to vote shall, at the time he is offered by the
election judges an official ballot bearing the names of candidates for
office, be handed one of the separate ballots above described, and he
may then and there, in a booth as provided by law and not otherwise,
vote on such separate ballot for or against said proposition by placing
a cross or X before the word "For" or the word "Against," in the vacant
square provided therefor; and such separate ballot shall be returned to
the election judges by the voter, with said other official ballot if the
voter chooses to vote for candidates for office and is entitled to do so.
The election judges shall deposit said separate ballot on the bonding
proposition, separate from the voter's other official ballot, in the ballot
box.
GOVERNMENT OF COUNTIES
(Constitutional Provisions, Art. XVI, Sec. 4-6. See Page 14)
Section 4723. No person is eligible to a county office who at the
time of his election is not of the age of twenty-one years, a citizen of the
state, and an elector of the county in which the duties of the office are
to be exercised, or for which he is elected.
Section 4724. No person is eligible to a district or township office
who is not of the age of twentyone years, a citizen of the state and an
elector of the district or township in which the duties of the office are
to be exercised, or for which he is elected.
Section 4725. The officers of a county are:
A Treasurer;
A County Clerk;
A Clerk of the District Court;
ELECTION LAWS OF MONTANA 159
A Sheriff;
A County Auditor, except in the sixth, seventh, and cifrhlh class
counties;
A County Attorney;
A Surveyor;
A Coroner;
A Public Administrator;
An Assessor;
A County Superintendent of Common Schools;
A Board of County Commissioners.
Section 4726. The officers of townships are Two Justices of the
Peace, two Constables, and such other inferior and subordinate officers
as are provided for elsewhere in this Code, or by the Board of County
Commissioners.
Section 4728. All elective county and township officers, except County
Commissioners, must b6 elected at the general election to be held in the
year 1894, and at the general election to be held every second year
thereafter, and must take office on the first Monday of January next
succeeding their election, except County Treasurer, whose term begins
on the first Monday of March next succeeding his election, and hold
office for two years.
Section 4729. The election and terms of office of County Commis-
sioners are provided for in the constitution.
Section 4730. The election and terms of office of District Judges and
Justices of the Peace are provided for in the Code of Civil Procedure.
MANAGERIAL FORM OF COUNTY GOVERNMENT
(Chapter 109— Laws of 1931)
An Act Providing for the Adoption of the Managerial Form of Coun-
ty Government.
Section 1. Any county in the state is hereby authorized to adopt a
county manager form of government as herein defined, and in accord-
ance with the procedure herein specified.
Section 2. (a) Upon a petition filed with the Board of County Com-
missioners signed by not less than 20 per cent of the whole number of
voters who voted at the last general election asking that a referendum
be held on the question of adopting the county manager form of gov-
ernment, it shall be the duty of the Board of County Commissioners to
submit the question at the next regular election or call a special election
for the purpose. If a special election is called it shall be held not more
than sixty days nor less than thirty days from the filing of the petition,
but not within thirty days of any general election. The question sub-
mitted shall be worded: "Shall the county manager form of government
be adopted in County?"
(b) It shall be the duty of the Board of County Commissioners to
publish a notice of the referendum in a daily paper twice a week for a
period of three consecutive weeks, or in case there is no daily paper of
wide circulation in the county, then in a weekly paper for four consecu-
tive weeks.
160 ELECTION LAWS OF MONTANA
(c) If a majority of the votes cast on the question at the election
shall be in favor of the county manager form of government it shall go
into effect at a date designated in the petition or resolution. Provided:
that no elected official then in office, whose position will no longer be
filled by popular election, shall be retired prior to the expiration of his
term of office.
CLASSIFICATION AND ORGANIZATION OF CITIES AND TOWNS
Section 4961. Whenever the inhabitants of any part of a county de-
sire to be organized into a city or town, they may apply by petition in
writing, signed by not less than fifty qualified electors, residents of the
state, and residing within the limits of the proposed incorporation, to
the Board of County Commissioners of the county in which the territory
is situated, which petition must describe the limits of the proposed city
or town, and of the several wards thereof, which must not exceed one
square mile for each five hundred inhabitants resident therein. The
petitioners must annex to the petition a map of the proposed territory
to be incorporated, and state the name of the city or town. The petition
and map must be filed in the office of the County Clerk. Upon filing
the petition, the Board of County Commissioners, at its next regular or
special meeting, must appoint some suitable person to take a census of
the residents of the territory to be incorporated. After taking the cen-
sus, the person appointed to take the same must return the list to the
Board of County Commissioners, and the same must be filed by it in
the County Clerk's office. No municipal corporation must be formed
unless the number of inhabitants is three hundred or upwards.
Section 4962. After filing the petition and census, if there be the
requisite number of inhabitants for the formation of a municipal cor-
poration, as required in the preceding section, the County Commissioners
must call an election of all the qualified electors residing in the terri-
tory, described in the petition. Said election must be held at a conven-
ient place within the territory described in the petition, to be designated
by the board, notice of which election must be given by publication in
some newspaper published within the limits of the territory to be incor-
porated, or, if none be published therein, by posting notice in three pub-
lic places within said limits. The notice must be published thirty days
prior to the election, and must specify the time and place when and
where the same is held, and contain a description of the boundaries of
the city or town. The board must appoint judges and clerks of election,
who must qualify as required by law, and after the election they must
report the result to the board, together with the ballots cast at said
election. The ballots used at the election must be "For incorporation"
or "Against incorporation," and all elections must be conducted as pro-
vided in Sections 531 to 828 of this Code.
Section 4963. When the incorporation of a city or town is completed,
the Board of County Commissioners must give notice for thirty days
in a newspaper published within the limits of the city or town, or if
none be published therein, by posting notices in six public places within
ELECTION LAWS OF MONTANA 161
the limits of the corporation, of the time and place or places of holding
the first election for offices of the corporation. At such election all the
electors qualified by the general election laws of the state, and who have
resided within the limits of the city or town for six months, and within
the limits of the ward for thirty days preceding the election, are quali-
fied electors and may choose officers for the city or town, to hold office
as prescribed in the next succeeding section.
Section 4964. At such election there must be elected, in a city of the
first class, a Mayor, a Police Judge, a City Attorney, a City Treasurer,
a City Marshall, and two Aldermen from each ward into which the city
may be divided; in a city of the second class, a Mayor, a Police Judge,
a City Treasurer, a City Marshal, and two Aldermen from each ward;
in a town, a Mayor, and two Aldermen from each ward, who hold office
until the first Monday of May after the first annual election, and until
their successors are elected and qualified. The persons so elected must
qualify in the manner prescribed by law for county officers. The Board
of County Commissioners must appoint judges and clerks of election, and
canvass and declare the result thereof. The election must be conducted
in the manner required by law for the election of county officers.
Section 4967. All officers of such city or town holding office at the
time of the adoption of this Code remain in office until the next annual
election and the first Monday of May next ensuing thereafter, and until
their successors are elected and qualified. The duties and compensation
of such officers and the liabilities of sureties on official bonds remain
the same. All elections must be held under the provisions of this Code
relative to the government of cities and towns.
Section 4971. The first election of officers of the new municipal cor-
poration organized under the provisions of this chapter must be at the
first annual municipal election after such proceedings and the old offi-
cers remain in office until the new officers are elected and qualified.
Section 4979. When a city or town desix*es to be annexed to another
and contiguous city or town, the council of each thereof must appoint
three commissioners to arrange and report to the municipal authorities
respectively, the terms and conditions on which the annexation can be
made, and if the City or Town Council of the municipal corporation to
be annexed approves of the terms thereof, it must by ordinance so de-
clare, and thereupon submit the question of annexation to the electors
of the respective cities or towns. If a majority of the electors vote in
favor of annexation, the Council must so declare, and a certified copy
of the proceedings for annexation and of the ordinances must be filed
with the clerk of the county in which the cities or towns so annexed
are situated, and when so filed the annexation is complete, and the city
or town to which the annexation is made has power, in addition to other
powers conferred by this title, to pass all necessary ordinances to carry
into effect the terms of the annexation. Such annexations do not affect
or impair any rights, obligations, or liabilities then existing, for or
against either of such cities or towns.
162 ELECTION LAWS OF MONTANA
CITIES AND TOWNS— OFFICERS AND ELECTIONS
Section 4995. The officers of a city of the first class consist of one
Mayor, two Aldermen from each ward, one Police Judge, one City Treas-
urer, who may be ex-officio Tax Collector, who must be elected by the
qualified electors of the city as hereinafter provided. There may also
be appointed by the Mayor, with the advice and consent of the Council,
one City Attorney, one City Clerk, one Chief of Police, one Assessor,
one Street Commissioner, one City Jailer, one City Surveyor, and when-
ever a paid fire department is established in such city, a Chief Engineer
and one or more assistant engineers, and any other officers necessary
to carry out the provisions of this title. The City Council may, by ordi-
nance, prescribe the duties of all city officers and fix their compensa-
tion, subject to the limitations contained in this title.
Section 4996. The officers of a city of the second and third classes
consist of one Mayor, two Aldermen from each ward, one Police Judge,
one City Treasurer, who may be ex-officio Tax Collector, who must be
elected by the qualified electors of the city as hereinafter provided.
There may also be appointed by the Mayor, with the advice and consent
of the Council, one City Clerk, who is ex-officio City Assessor, one
Chief of Police, one City Attorney, and any other officer necessary to
carry out the provisions of this title. The City Council may prescribe
the duties of all city officers, and fix their compensation, subject to the
limitations contained in this title.
Section 4997. The officers of a town consist of one Mayor and two
Aldermen from each ward, who must be elected by the qualified electors
of the town as hereinafter provided. There may be appointed by the
Mayor, with the advice and consent of the Council, one Clerk, who may
be ex-officio Assessor and a member of the Council, and one Treasurer,
who may be ex-officio Tax Collector, and one Marshal, who may be ex-
officio Street Commissioner, and any other officers necessary to carry
out the provisions of this title. The Town Council may prescribe the
duties of all toMTi officers, and fix their compensation, subject to the
limitations contained in this title.
Section 5001. The first City or Town Council elected under the pro-
visions of this title must divide the city or town into wards for election
and other purposes, having regard to population so as to make them as
nearly equal as possible.
Section 5002. Cities of the first class must be divided into not less
than four nor more than ten wards; cities of the second class into not
less than three nor more than six; and cities of the thii'd class into not
less than two nor more than four wards; and towns into not less than
two nor more than thi-ee wards. All changes in the number and bound-
aries of wards must be made by ordinance, and no new ward must be
created unless there shall be within its boundaries one hundred and fifty
electors, or more.
Section 5003. On the first Monday of April of each year a municipal
election must be held, at which the qualified electors of each town or
city must elect a Mayor, and one Alderman from each ward, to be voted
ELECTION LAWS OF MONTANA 163
for by the wards they respectively represent; the Mayor to hold office
for two years, and until the qualification of his successor; and each
Alderman so elected to hold office for a term of two years, and until the
qualification of his successor; and also in cities of the first, second,
and third class, a Police Judge and a City Treasurer, who hold office for
a term of two years, and until the qualification of their successors.
Section 5004. No person shall be eligible to the office of Mayor un-
less he shall be at least twenty-five years old and a taxpaying free-
holder within the limits of the city, and a resident of the state for at
least three years, and a resident of the city for which he may be elected
Mayor two years next preceding his election to said office, and shall
reside in the city or town for which he shall be elected Mayor during
his term of office.
Section 5005. At the first annual election held after the organiza-
tion of a city or town under this title, the electors of such city or town
must elect two Aldermen from each ward, who must, at the first meet-
ing of the Council, decide by lot their terms of office, one from each
ward to hold for a term of two years, and one for the term of one year,
and until the qualification of their successors.
Section 5006. The terms of all officers elected at a municipal election
are to commence on the first Monday in May after such election.
Section 5007. No person is eligible to any municipal office, elective
or appointive, who is not a citizen of the United States, and who has
not resided in the town or city for at least two years immediately pre-
ceding his election or appointment, and is not a qualified elector thereof.
Section 5008. No person shall be eligible to the office of Alderman
unless he shall be a taxpaying freeholder within the limits of a city,
and a resident of the ward so electing him for at least one year preced-
ing such election.
Section 5009. The Council must provide by ordinance for the regis-
tration of electors in any city or town, and may prohibit any person
from voting at any election unless he has been registered; but such ordi-
nance must not be in conflict with the general law providing for the
registration of electors, and must not change the qualifications of elec-
tors except as in this title provided.
Section 5010. All qualified electors of the state who have resided in
the city or town for six months and in the ward for thirty days next
preceding the election are entitled to vote at any municipal election.
Section 5011. The Council must appoint judges and clerks of elec-
tion, and places of voting. There must be at least one place of voting
in each ward, and there may be as many more as the Council by ordi-
nance shall fix, and the elector must vote in the ward in which he re-
sides. The election precincts in a city or town must correspond with
wards, but a ward may be subdivided into several voting precincts, and
when so divided the elector shall vote in the precinct in which he resides,
and all elections must be conducted according to the general laws of the
state. In all cities where voting-machines are used, the City Council
164 ELECTION LAWS OF MONTANA
must subdivide the wards into such number of voting precincts that
there will be no more than six hundred votes in each precinct.
Section 5012. On the Monday following any election, the Council
must convene and publicly canvass the result, and issue certificates of
election to each person elected by a plurality of votes. When two or
more persons have received an equal and highest number of votes for
any one of the offices voted for, the Council must thereafter, at its first
regular meeting, decide by vote between the parties which elected. If
the Council from any cause fails to meet on the day named, the Mayor
must call a special meeting of the Council within five days thereafter,
and, in addition to the notice provided for calling special meetings, must
publish the same on two successive days in some newspaper published
in such city or town. If the Mayor fails to call said meeting within said
five days, any three Councilmen may call it. At such special meeting all
elections, appointments, or other business may be transacted that could
have been on the day first herein named.
Section 5013. Each officer of a city or town must take the oath of
office, and such as may be required to give bonds, file the same, duly
approved, within ten days after receiving notice of his election or ap-
pointment; or, if no notice be received, then on or before the date fixed
for the assumption by him of the duties of the office to which he may
have been elected or appointed; but if any one, either elected or ap-
pointed to office, fails for ten days to qualify as required by law, or enter
upon his duties at the time fixed by law, then such office becomes vacant;
or if any officer absents himself from the city or town continuously for
ten days without the consent of the Council, or openly neglects or re-
fuses to discharge his duties, such office may be by the Council declared
vacant; or if any officer removes from the city or town, or any Alderman
from his ward, such office must be by the Council declared vacant.
Section 5014. The officers elected enter upon their duties the first
Monday of May succeeding their election, and officers appointed by the
Mayor, with the advice and consent of the Council, within ten days after
receiving notice of their appointment.
Section 5015. When any vacancy occurs in any elective office, the
Council, by a majority vote of the members, may fill the same for the
unexpired term and until the qualification of the successor. A vacancy
in the office of Alderman must be filled from the ward in which the
vacancy exists, but if the Council shall fail to fill such vacancy before
the time for the next election, the qualified electors of such city or
ward may nominate and elect a successor to such office. The Council,
upon written charges to be entered upon their journal, after notice to
the party and after trial by the Council, by vote of two-thirds of all the
members elect, may remove any officer.
FREE PUBLIC LIBRARIES
Section 5049. The Council has power to establish and maintain a
free public library, and for that purpose may provide by ordinance for
a tax as follows: In a city or town having assessed valuation of seven
ELECTION LAWS OF MONTANA 163
hundred and fifty thousand dollars or more, a tax not exceeding two
and one-half mills on the dollar on the property may be levied. In a city
or town having an assessed valuation of less than seven hundred fifty
thousand dollars, a tax not exceeding three mills on the dollar on the
property may be levied. The tax so levied and collected constitutes a
fund known as the "library fund," and must be expended only for the
purchase of books and other things necessary for a library, and the sup-
port and maintenance thereof; provided, that no increase over the pres-
ent authorized levy shall be made until the question of such increase
has first been submitted to a vote of the taxpayers affected thei'eby.
As amended by Chapter 32, Laws of 1931.
Section 5050. Before any such ordinance is passed the Council must
submit to the qualified electors of the city or town at an election the
question. At such election the ballot must have printed or written there-
on the words, "Public Library — Yes," "Public Library — No," and in
voting the elector must make a cross thus, "X," opposite the answer for
which he intends to vote.
Section 5051. If the majority of the votes cast at such election is in
favor of the establishment of a public library, then such library must
be establish as above provided. Such question may be submitted at the
annual or at any special election held in such city or town, and must
be submitted at any such election on the petition of one hundred or more
inhabitants of such city or town.
INITIATIVE AND REFERENDUM IN CITIES AND TOWNS
Section 5058. Ordinances may be proposed by the legal voters of any
city or town in this state, in the manner provided in this Act. Eight
per cent, of the legal voters of any city or town may propose to the City
or Town Council an ordinance on the subject within the legislative juris-
diction and powers of such City or Town Council, or an ordinance amend-
ing or repealing any prior ordinance or ordinances. Such petition shall
be filed with the City or Town Clerk. It shall be the duty of the City
or Town Clerk to present the same to the Council at its first meeting
next following the filing of the petition. The Council may, within sixty
days after the presentation of the petition to the Council, pass an ordi-
nance similar to that proposed in the petition, either in exact terms or
with such changes, amendments, or modifications as the Council may
decide upon. If the ordinance proposed by the petition be passed without
change, it shall not be submitted to the people, unless a petition for
referendum demanding such submission shall be filed under the provis-
ions of this Act. If the Council shall have made any change in the pro-
posed ordinance, a suit may be brought in the district court in and for
the county in which the city or town is situated, to determine whether
or not the change is material. Such suit may be brought in the name of
any one or more of the petitioners.
The city shall be made the party defendant. Any elector of the city
or town may appear in such suit in person or by counsel on the hearing
thereof, but the court shall have the power to limit the number of counsel
166 ELECTION LAWS OF MONTANA
who shall be heard on either side, and the time to be allowed for argu-
ment. It shall only be necessary to state in the complaint that a petition
for an ordinance was filed in pursuance of this Act; that the City Coun-
cil passed an ordinance on the subject different from that proposed in
the petition; and that the plaintiff desires a construction of the ordi-
nance so passed to determine whether or not it differ materially from
that proposed. The petition and the ordinance proposed thereby, and
the ordinance actually passed, may be set out in the complaint, or copies
thereof annexed to the complaint. The names to the petition need not
be set out. Such cases shall be advanced and brought to hearing as
speedily as possible, and have precedence over other cases, except crim-
inal and taxation cases. The court shall have jurisdiction in such cases to
determine whether or not the change made by the City Council is material,
and also whether the petition was regular in form or substance, and shall
also have power to decide, if the fact be put in issue by the defendant,
whether or not the petition was signed by a sufficient number of voters
and was regular in form. If the court shall decide that the change was
material and that the petition was regular in form and signed by a suf-
ficient number of legal voters, then the ordinance proposed by the peti-
tion shall be submitted to the people as provided in this Act. If the court
shall decide that the ordinance passed by the Council was not materially
different from that proposed in the petition, or the petition was not
regular in form, or not signed by a sufficient number of legal voters,
the ordinance shall not be submitted to the people. If the court shall
decide that the changes made by the Council were material, but that
the petition was irregular for some reason, or not properly or suffi-
ciently signed, a new petition, regular in form may be presented by the
required number of legal voters, asking the Council to submit such ordi-
nance to the people, and thereupon the same shall be so submitted as
provided in this Act. If the Council shall not, within sixty days, pass ah
ordinance on the subject of the ordinance proposed in the petition, then
the ordinance proposed by the petition shall be submitted to the people.
Before submitting such ordinance to the people, the Mayor or City or
Town Council may direct that a suit be brought in the district cornet in
and for the county, in the name of the city or town, to determine
whether the petition and ordinance are regular in form, and whether
the ordinance so proposed would be valid and constitutional. The com-
plaint shall name as defendants not less than ten nor more than twenty
of the petitioners. In addition to the names of such defendants, in the
caption of the complaint, there shall be added the words, "and all peti-
tioners whose names appear on the petition for an ordinance filed on
the day of , in the year ,"
stating the date of the filing. The summons shall be similarly directed
and shall be served on the defendants named therein, and in addition
thereto shall be published at least once, at the expense of the city, in at
"least one newspaper published in the city or town. In all suits brought
under this section the decision of the district court shall be final except
in cases where it shall decide that the proposed ordinance would be un-
constitutional or invalid as being beyond the powers of the City or Town
ELECTION LAWS OF MONTANA 167
Council, and in such excepted cases the petioners, or any of them, may
appeal to the Supreme Court as in other cases, but shall not be required
to give any bond for costs. The decision of the district court holding
such ordinance valid or constitutional shall not, however, prevent the
question being raised subsequently, if the ordinance shall be passed and
go into effect, by any one affected by the ordinance. No costs shall be
allowed to either side in suits or appeals under this section.
Section 5059. Any ordinance proposed by petition as aforesaid, which
shall be entitled to be submitted to the people, shall be voted on at the
next regular election to be held in the city or town, unless the petition
therefor shall ask that the same be submitted at a special election and
such petition be signed by not less than fifteen per cent, of the electors
qualified to vote at the last preceding municipal election.
Section 5060. No ordinance or resolution passed by the Council of
any city or town shall become effective until thirty days after its pass-
age, except general appropriation ordinances providing for the ordinary
and current expenses of the city or town, excepting also emergency
measures, and in the case of emergency measures the emergency
must be expressed in the preamble or in the body of the measure, and
the measure must receive a two-thirds vote of all the members elected.
In emergency oi'dinances the resolutions shall include only such meas-
ures as are immediately necessary for the preservation of peace, health,
and safety, and shall not include a franchise or license to a corporation
or individual, nor any provisions for the sale of real estate, nor any
lease or letting of any property for a period exceeding one year, nor the
purchase or sale of personal property exceeding five thousand dollars
in value.
Section 5061. During the thirty days following the passage of any
ordinance or resolution, five per cent, of the qualified electors of the
city or town may, by petition addressed to the Council and filed with
the clerk of the city or town, demand that such ordinance or resolution,
or any part or parts thereof, shall be submitted to the electors of the
city or town.
Section 5062. Any measure on which a referendum is demanded under
the provisions of this Act shall be submitted to the electors of the city or
town at the next municipal election; provided, the petition or petitions
shall have been filed with the City Clerk at least thirty days before
such election. If such petition or petitions be signed by not less than
fifteen per cent, of the qualified electors of the city or town, the meas-
ures shall be submitted at a special election to be held for the purpose.
Section 5063. The City or Town Council may in any case order a
special election on a measure proposed by the initiative, or when a
referendum is demanded, or upon any ordinance passed by the City or
Town Council, and may likewise submit to the electors, at a general
election any ordinance passed by the City of Town Council.
Section 5064. Whenever a measure is ready for submission to the
168 ELECTION LAWS OF MONTANA
electors, the clerk of the city or town shall, in writing, notify the Mayor
thereof, who, forthwith, shall issue a proclamation setting forth the
measure and the date of the election or vote to be had thereon. Said
proclamation shall be published four days in four consecutive weeks in
each daily paper in the municipality, if there be such, otherwise in the
weekly newspapers published in the city or town. In case there is no
weekly newspaper published, the proclamation and the measure shall
be posted conspicuously throughout the city or town.
Section 5065. The question to be balloted upon by the electors shall
be printed on the initiative or referendum ballot, and the form shall be
that prescribed by law for questions submitted at state elections. The
referendum or initiative ballots shall be counted, canvassed, and returned
by the regular board of judges, clerks and officers, as votes for candi-
dates for office are counted, canvassed, and returned. The returns for
the question submitted by the voters of the municipality shall be on
separate sheets, and returned to the clerk of the municipality. The re-
turn shall be canvassed in the same manner as the returns of regular
elections for municipal officers. The Mayor of the municipality shall
issue his proclamation, as soon as the result of the final canvass is
known, giving the whole number of votes cast in the municipality for and
against such measure, and it shall be published in like manner as other
proclamations herein provided for. A measure accepted by the electors
shall take effect five days after the vote is officially announced.
Section 5066. The qualifications for voting on questions submitted to
the electors, under the provisions hereof, shall be the same as those
required for voting at municipal elections in the city or town at elections
for Mayor or Aldermen thereof. And where, by the laws of the state,
or by ordinance of the city or town made in pursuance thereof, electors
are required to register in order to be qualified to vote at municipal
elections, the registration book or books shall be prima facie evidence
of the right to sign any petition herein provided for.
Section 5067. The form of petitions and the proceedings under this
Act shall conform as nearly as possible, with the necessary changes as
to details, to the provisions of the laws of the state relating to the initi-
ative and referendum, and be regulated by such laws, except as other-
wise provided in this Act. The City Clerk shall perform the duties
which, under the state laws, devolve upon the County Clerk and Secre-
tary of State, insofar as the provisions relating thereto may be made to
apply to the case of the City or Town Clerk; but it shall not be neces-
sary to mail or distribute copies of the petitions or measures to the elec-
tors of the city or town.
Section 5068. The provisions of this Act regarding the referendum
shall not apply to ordinances which are required by any other law of the
state to be submitted to the voters or the electors or taxpayers of any
city or town.
ELECTION LAWS OF MONTANA 169
MUNICIPAL CONTRACTS AND FRANCHISES
Section 5074. The Council must not grant a franchise or special
privilege to any person save and except in the manner specified in the
next section. The powers of the Council are those only expressly pre-
scribed by law and those necessarily incident thereto.
Section 5075. No franchise for any purpose whatsoever shall be
granted by any city or town, or by the Mayor or City Council thereof, to
any person or persons, association, or corporation, without first sub-
mitting the application therefor to the resident freeholders whose names
shall appear on the city or county tax-roll preceding such election.
Section 5076. A notice of such election must be published at least in
one daily newspaper, if there be one published in the city or town, and
if not, in some weekly newspaper of general circulation, at least once a
week for three successive weeks, and such notice must be posted in three
public places in the city or town. The notice must state the time and
place of holding the election, and the character of any such franchise
applied for, and the valuable consideration, if any there be, to be derived
by the city. At such election the ballots must contain the words, "For
granting franchise," "Against granting franchise," and in voting, the
elector must make a cross thus, "X," opposite the answer he intends to
vote for. Such election must be conducted and canvassed and the return
made in the same manner as other city or town elections.
Section 5077. If the majority of votes cast at the election be "For
granting franchise," the Mayor and City Council must thereupon grant
the same by the passage and approval of a proper ordinance.
BONDING FIRE DISTRICTS IN UNINCORPORATED TOWNS
"Section 5149. Whenever the Board of County Commissioners shall
have established a fire district in any unincorporated town or village,
said Board of County Commissioners shall be and is hereby constituted
ex-officio a Board of Directors of such fire district. The Board of Direc-
tors of any duly established fire district in unincorporated towns or
villages within this state shall, whenever a majority of the directors so
decide, submit to the electors of the district the question of whether
the board shall be authorized to issue bonds to a certain amount, not
to exceed three per cent, of the percentum of the assessed value of the
taxable property in such district, and bearing a rate of interest not
exceeding six per cent, for the purpose of purchasing fire equipment,
necessary lands, erecting buildings for fire purposes, acquiring a water
supply, purchasing or otherwise acquiring or constructing a water sys-
tem and establishing pipe lines. No such bonds shall be issued unless
a majority of all the votes cast at any such election shall be cast in
favor of such issue. Such bonds may be either amortization or serial
bonds, but shall not extend over a longer term than ten years." As
amended by Chapter 130, Laws of 1925.
"Section 5150. The time fixed for holding such election must be at
least thirty days after the date of the order calling such election. Notice
170 ELECTION LAWS OF MONTANA
of such election must be given by the Board of Directors by posting
notices thereof, at least ten days before the day of election, in three
public places within such district, one of which must be at the polling
place. The Board of Directors must designate a polling place within
such district and name three persons residing therein, and who are quali-
fied to vote at such election, as judges and clerks of such election, and
a copy of the order fixing the day of election must be delivered to the
County Clerk and Recorder of the county in which such district is
located immediately after the same is made. Upon receipt of the copy
of such order the County Clerk and Recorder must, at least twenty
days before the day fixed for holding such election, cause a notice to be
posted in at least three public places in such fire district, stating that
the register of voters for the precinct in which such district is located
will be closed on a day to be specified therein, and which must be the
tenth day before the day for hilding such election, and on the day speci-
fied therein the register of voters for such precinct must be closed and
remain closed until after the holding of such election. The County
Clerk and Recorder shall, immediately after the closing of registration
for such precinct, make a copy of the register of voters for such precinct
and deliver the same to the County Treasurer who shall compare the
same with the assessment books for the last assessment for state and
county taxes, and note after the name of each person contained in such
register whether such person's name appears on such assessment books,
and make out and sign a certificate giving the names of all such per-
sons whose names do appear on such assessment books and attach the
same to such register, and the Treasurer must then return such register
to the County Clerk and Recorder who must deliver the same to the
persons named as judges and clerks of such election. At such election
no person whose name does not appear in such Treasurer's certificate
as a taxpayer whose name appears on the last assessment books shall
be permitted to vote, and no person whose name does so appear in such
certificate shall be permitted to vote unless he shall reside within the
limits of the fire district, and every person offering to vote at such
election, and otherwise qualified to do so, must make and subscribe an
affidavit, before one of such judges of election, stating that he actually
resides within the limits of such fire district, and all such affidavits
shall be preserved and delivered to the Board of Directors of the district
at the same time the returns are delivered to such board. The polls
for such election shall be opened at 1 o'clock in the afternoon and
remain open until 6 o'clock in the afternoon. The judges and clerks
shall count the votes cast at such election and shall make a return thereof
to the directors of the district, who shall canvass and declare the result
of such election. The Board of Directors shall cause the affidavits
herein provided for and the ballots to be prepared for such election in
a number equal to the total number of registered electors in the pi'ecinct
in which the district is located, which ballots shall be substantially in
the following form:
"Shall bonds be issued and sold to the an.ount of
dollars and bearing not to exceed 6% interest per annum and for a
ELECTION LAWS OF MONTANA 171
period not exceeding years for the purpose of (state
purpose.)"
□ BONDS— YES.
□ BONDS— NO.
The elector shall prepare his ballot by marking an X in the squai-e
before the proposition for which he desires to vote. If a majority of the
votes cast at such election is in favor of issuing bonds the Board of
Directors shall issue such bonds; such bonds shall be issued in substan-
tially the same manner and form as bonds of school districts of the
third class, shall bear the signature of the Chairman of the Board of
Directors, and of the County Recorder, as exofficio secretary of the
fire district; if coupons are attached to the bonds they shall also be
signed by such chairman and secretary, provided that a lithographic,
printed or engraved facsimile signatui'e of the president and secretary
may be affixed to the coupons if so recited in the bonds, and the seal of
the fire district shall be affixed to each bond. Each bond shall be regis-
tered in the office of the County Treasurer in a book provided for that
purpose, which shall show the number and amount of each bond and the
person to whom the same is issued or sold; and the said bond shall be
sold by the Board of Directors as hereinafter provided." As amended
by Chapter 130, Laws of 1925.
INDEBTEDNESS OF CITIES OR TOWNS— BONDS
Constitutional Provisions, Art. XIII, Sec. 6, Page 14)
Section 5195. Whenever the Council of any city or town shall deem
it necessary to raise money by taxation, in excess of the levy now allowed
by law, for any purpose for which said city or town is authorized to
expend moneys raised by taxation in said city or town, it shall submit
the question of such additional levy to the legal voters of such city or
town who are taxpaying freeholders thei-ein, either at the regular an-
nual election held in said city or town, or at a special election called for
that purpose by the Council of such city or town; provided, however,
that such additional levy shall not exceed five mills.
Section 5196. Where the question of making such additional levy is
so submitted, notice thereof shall be given by publication for at least
thirty days prior to such election in every newspaper published in said
city or town, and by posting a like notice for the same period of time
in a public place in each ward of said city or town.
Section 5197. The submission of said question shall expressly pro-
vide for what purpose such additional levy is to be made, and, if author-
ized, the money raised for such additional levy shall be used for that
specific purpose only; provided, that if any balance remain on hand after
the purpose for which said levy was made has been accomplished, such
balance may, by vote of the Council, be transferred to any other fund of
said city or town.
Section 5198. If at any time it is desired to submit the question of
additional levies for more than one purpose, such proposition shall be
172 ELECTION LAWS OF MONTANA
submitted on separate ballots, each of which ballots shall be in sub-
stantially the following form: Shall the City (or Town) Council be au-
thorized to make a levy of (here insert the number) mills taxes in addi-
tion to the regular levy now authorized by law for the purpose of (here
insert the purpose for which the additional levy is to be made).
Q Against additional levy.
Q For additional levy.
The voters shall mark the ballot or ballots in the same manner as
other ballots are marked under the election laws of this state. The elec-
tion shall be held and the votes canvassed and returned as in other city
or town elections. If the majority voting on the question are in favor
of such additional levy or levies, the City or Town Council shall so certify,
and such additional levy or levies of taxes shall be made by the City or
Town Council for that year.
Section 5199. The Council may provide by ordinance for the regis-
tration of qualified electors who are taxpaying freeholders in such city
or town, and no person shall be entitled to register or vote at such elec-
tion who is not such taxpaying freeholder and qualified elector.
CHAPTER 160, LAWS OF 1931
Section 1. CREATION OF INDEBTEDNESS— SUBMISSION TO
TAXPAYERS. Whenever the Council of any city or town having a cor-
porate existence in this state, or hereafter organized under any of the
laws thereof, shall deem it necessary to issue bonds for any purpose
whatever, under its powers as set forth in subdivision 64 of Section 5039
of the Revised Codes of Montana, 1921, or amendments thereto, the
question of issuing such bonds shall first be submitted to the qualified
electors of such city or town in the manner hereinafter set forth; pro-
vided, however, that it shall not be necessary to submit to such electors
the question of issuing funding or refunding bonds to fund or refund
warrants or bonds issued prior to and outstanding on the first day of
July, 1931. In order to issue bonds to fund or refund warrants or bonds
issued prior to and outstanding on July 1, 1931, it shall only be neces-
sary for the Council, at a regular or duly called special meeting, to pass
and adopt a resolution setting forth the facts in regard to the indebted-
ness to be funded or refunded, showing the reason for issuing such
bonds and fixing and determining the details thereof, giving notice of
the sale thereof in the same manner that notice is required to be given
of the sale of bonds authorized at an election, and then following the
procedure prescribed in this Act for the sale and issuance of such bonds.
.Section 6. PETITION FOR ELECTION— FORM— PROOF. No bonds
shall be issued by a city or town for any purpose except to fund or re-
fund warrants or bonds issued prior to and outstanding on July 1, 1931,
as authorized in Section 1 of this Act, unless authorized at a duly called
special or general election at which the question of issuing such bonds
was submitted to the qualified electors of the city or town, and approved,
as hereinafter provided, and no such election shall be called unless there
ELECTION LAWS OF MONTANA 173
has been presented to the city or town Council a petition, asking that
such election be held and question submitted, signed by not less than
twenty per centum {20'/c) of the qualified electors of the city or town
who are taxpayers upon property within such city or town and whose
names appear on the last completed assessment roll for state and county
taxes, as taxpayers within such city or town. Every petition for the
calling of an election to vote upon the question of issuing bonds shall
plainly and clearly state the purpose or purposes for which it is pro-
posed to issue such bonds, and shall contain an estimate of the amount
necessary to be issued for such purpose or purposes. There may be a
separate petition for each purpose, or two (2) or more purposes may be
combined in one (1) petition, if each purpose with an estimate of the
amount of bonds to be issued therefor is separately stated in such peti-
tion. Such petition may consist of one (1) sheet, or of several sheets
identical in form and fastened together, after being circulated and
signed, so as to form a single complete petition before being delivered
to the city or town clerk, as hereinafter provided. The petition shall
give the street and house number, if any, and the voting precinct of
each person signing the same.
Only persons who are qualified to sign such petition shall be quali-
fied to circulate the same, and there shall be attached to the completed
petition the affidavit of some person who circulated, or assisted in cir-
culating, such petition, that he believes the signatures thereon are genu-
ine and that the signers knew the contents thereof before signing the
same. The completed petition shall be filed with the city or town clerk
who shall, within fifteen (15) days thereafter, carefully examine the
same and the county records showing the qualifications of the petition-
ers, and attach thereto a certificate under his official signature, which
shall set forth:
(1) The total number of persons who are registered electors and
whose names appear upon the last completed assessment roll for state
and county taxes, as taxpayers within such city or town.
(2) Which, and how many of the persons whose names are sub-
scribed to such petition, are possessed of all of the qualifications required
of signers to such petition.
(3) Whether such qualified signers constitute more or less than twen-
ty per centum (20%) of the registered electors whose names appear upon
the last completed assessment roll for state and county taxes, as tax-
payers within such city or town.
Section 7. CONSIDERATION OF PETITION— CALLING ELEC-
TION. When such petition has been filed with the city or town clerk
and he has found it has a sufficient number of signers qualified to sign
the same, he shall place the same before the city or town Council at its
first meeting held after he has attached his certificate thereto. The
Council shall thereupon examine such petition and make such other inves-
tigation as it may deem necessary.
If it is found the petition is in proper form, bears the requisite num-
ber of signatures of qualified petitioners, and is in all other respects
174 ELECTION LAWS OF MONTANA
sufficient, the Council shall pass and adopt a resolution which shall
recite the essential facts in regard to the petition and its filing and
presentation, the purpose or pui-poses for which the bonds are proposed
to be issued, and fix the exact amount of bonds to be issued for each
purpose, which amount may be less than but must not exceed the amount
set forth in the petition, determine the number of years through which
such bonds are to be paid, not exceeding the limitations fixed in Section
3 of this Act, and making provision for having such question submitted
to the qualified electors of the city or town at the next general city or
town election, or at a special election which the council may call for
such purpose.
Section 8. NOTICE OF ELECTION— ELECTION HOURS— ELEC-
TION OFFICERS. Whether such election is held at the general city or
town election, or at a special election, separate notice shall be given
thereof. Such notice shall state the date when such election will be held,
the hours between which the polls will be open, the amount of bonds
proposed to be issued, the purpose thereof, the term of years through
which the bonds will be paid, and such other information regarding the
election and the proposed bonds as the board may deem proper. If the
bonds proposed to be issued are for two (2) or more purposes, each pur-
pose and the amount thereof must be separately stated. Such notice
shall be posted in each voting precinct in the city or town at least ten
(10) days prior to the date for holding such election, and must also be
published once a week for a period of not less than two (2) consecutive
weeks immediately preceding the date for holding such election in some
newspaper published in the city or town, if there be one, and if not then
in a newspaper published in the state at a point in the state nearest to
the city or town, and designated by the City or Town Council.
If the question of issuing bonds is submitted at a special election
called for such purpose, the City or Town Council shall fix the hours
through which the polls are to be kept open, which shall be not less than
eight (8), and which must be stated in the notice of election, and may
appoint a smaller number of judges than is required at a general city
or town election, but in no case shall there be less than three (3) judges
in a precinct and such judges shall act as their own clerks.
If the question of issuing bonds is submitted at a general city or
town election, the polls shall be kept open during the same hours as
are fixed for the general election and the judges and clerks for such
general election shall act as the judges and clerks thereof.
Section 9. FORM OF BALLOTS AND CONDUCT OF ELECTION.
Whenever the question of issuing bonds is submitted at either a general
city or town election, or at a special election, separate ballots shall be
provided therefor. Such ballots shall be white in color and of convenient
size, being only large enough to contain the printing herein required
to be done and placed thereon, and shall have printed thereon in fair-
sized, legible type and black ink, in one (1) line or more, as required,
the word "FOR" (stating the proposition and the terms thereof explicitly
and at length), and thereunder the word "AGAINST" (stating the prop-
ELECTION LAWS OF MONTANA 175
osition and terms in like manner as above); and there shall be before
the word "FOR" and before the word "AGAINST," each, a square space
of sufficient size to place a plain cross or X therein, and such arrange-
ment shall be in the following manner:
Q FOR (stating the proposition).
Q AGAINST (stating the proposition).
If the bonds are sought to be issued for two (2) or more separate
purposes, then separate ballots must be provided for each purpose or
proposition.
The election shall be conducted, and the returns made, in the same
manner as other city or town elections; and all election laws governing
city and town elections shall govern, in so far as they are applicable, but
if such question be submitted at a general city or town election the
votes thereon must be counted separately and separate returns must be
made by the judges and clerks at such election. Returns must be made
separately for each proposition or question submitted at such election.
Section 10. WHO ARE ENTITLED TO VOTE— REGISTRATION
OF ELECTORS. Only such registered electors of the city or town
w^hose names appear upon the last preceding assessment roll for state
and county taxes, as taxpayers upon property within the city or town,
shall be entitled to vote upon any proposition of issuing bonds by the
city or town. Such registered and qualified electors may be determined
from the registration books and assessment rolls of the county, and lists
thereof and poll-books for such election prepared and furnished in the
manner provided by Section 2 of Chapter 98 Session Laws, 1923, as
amended by Chapter 47 Session Laws, 1929; provided, however, that the
City or Town Council, in lieu thereof, may provide by ordinance for the
registration of the electors of the city or town entitled to vote at any
such election, but no person shall be entitled to register or vote at such
election w^ho is not a qualified elector and taxpayer as hereinbefore set
forth.
Section 11. PERCENTAGE OF VOTERS REQUIRED TO AUTHOR-
IZE THE ISSUING OF BONDS. Wherever the question of issuing bonds
for any purpose is submitted to the qualified electors of a city or town,
at either a general or special election, not less than forty per centum
(40%) of the qualified electors entitled to vote on such proposition or
question must vote thereon, otherwise such proposition shall be deemed
to have been rejected; provided, however, that if forty per centum (40%)
or more of such qualified electors do vote on such proposition or ques-
tion at such election, and a majority of such votes shall be cast in favor
of such question or proposition, then such proposition or question shall
be deemed to have been adopted and approved.
Section 12. CANVASS OF ELECTION RETURNS— RESOLUTION
FOR BOND ISSUE. If the bonding election is held at the same time
as a general city or town election, then the returns shall be canvassed
by the City or Town Council at the same time as the returns from such
general election; but if the question of issuing bonds is submitted at a
176 ELECTION LAWS OF MONTANA
special election then the City or Town Council shall meet within ten (10)
days after the date of holding such special election and canvass the
returns. If it is found that at such election forty per centum (407o) or
more of the qualified electors of the city or town entitled to vote on such
question or proposition voted thereon, and that a majority of such votes
were cast in favor of the issuing of such bonds, the City or Town Council
shall, at a regular or special meeting held within thirty (30) days there-
after, pass and adopt a resolution providing for the issuance of such
bonds. Such resolution shall recite the purpose for which such bonds
are to be issued, the amount thereof, the maximum rate of interest the
bonds may bear, the date they shall bear, the period of time through
which they shall be payable, and that any thereof may be redeemed in
full, at the option of the city or town, on any interest payment date from
and after ten (10) years from the date of issue; and provide for the
manner of the execution of the same. It shall provide that preference
shall be given amortization bonds but shall fix the denomination of
serial bonds in case it shall be found advantageous to issue bonds in
that form, and shall adopt a form of notice of the sale of the bonds.
The board may, in its discretion, provide that such bonds may be
issued and sold in two (2) or more series or installments.
ABATEMENT OF SMOKE NUISANCE
Section 5292. For the purpose of raising moneys to meet the pay-
ments under the terms and conditions of said contract, and other nec-
essary and proper expenses in and about the same, and the approval
or disapproval thereof, it shall be the duty of the Board of County
Commissioners, if the petition be presented to it within thirty days
thereafter, to ascertain the existing indebtedness of the county in the
aggregate, and within sixty days after ascertaining the same to sub-
mit to the electors of such county the proposition to approve or dis-
approve the said conti'act and the issuance of bonds necessary to carry
out the same, which shall not exceed five per centum of the value of the
taxable property therein, inclusive of the existing indebtedness thereof,
to be ascertained by the last assessment for state and county taxes pre-
vious to the issuance of said bonds and incurring said indebtedness; and
if said petition be presented to the Council of any incorporated city
or town, then within thirty days thereafter they shall ascertain the
aggregate indebtedness of such city or town, and, within sixty days
after ascertaining the same, submit to the electors of such city or town
the proposition to approve or disapprove said contract, and the issuance
of bonds necessary to carry out the same, which shall not exceed three
per centum of the value of the taxable pi'operty therein, inclusive of the
existing indebtedness thereof, to be ascertained in the manner herein-
before provided, and if disapproved, the expenses of such election shall
be paid out of the genei'al fund of such county, city, or town, as the
case may be.
Section 5293. The vote upon such proposition shall be had at an
election for that purpose to be held, conducted, counted, and results
ascertained and determined in the manner and by the same officers
ELECTION LAWS OF MONTANA 177
provided by law for general elections, except as otherwise herein pro-
vided, and the proposition to be submitted shall be upon printed tickets
or ballots, upon each of which shall be printed the following: "For the
contract and bonds," "Against the contract and bonds," the former
above the latter, and the elector shall indicate his vote by a cross oppo-
site the one or the other for which he votes; and if it appears from the
result of such election that a majority of the votes cast were "For the
contract and bonds," then said contract shall be in full force and effect,
and the said bonds shall be issued and disposed of in the manner herein-
after provided. If it shall appear from the result of such election that
there was a tie, or a majority of said votes were cast "Against the con-
tract and bonds," then the said contract and bond given for its fulfill-
ment shall be null and void and of no effect, and said bonds and none
thereof shall be issued.
Section 5294. The Board of County Commissioners of the county in
which such election is to be held, or the Council of the incorporated city
or town, as the case may be, shall give notice of such election, stating
the objects thereof, the time and place of holding the same, such condi-
tions of the contract as in their judgment are proper and necessary to
enable the electors to vote intelligently upon the proposition submitted
to them, the amount of bonds proposed to be issued, when payable, and
the interest they are to bear, with a description of the tickets or ballots
to be used, in some newspaper printed and published and circulated in
the county, or city, or town, as the case may be, in which such election
shall be held, at least three times a week for at least six consecutive
weeks next preceding such election, and if no newspaper be printed,
published, and circulated therein, then in some newspaper printed and
published in some county nearest thereto.
Section 5299. No registration under the election laws of this state
shall be required for the purposes of the election herein provided for, and
the registration had at the last election preceding the same shall govern
and control as if especially had and done for the purposes of the elec-
tion to be held under this Act.
COMMISSION FORM OF GOVERNMENT FOR CITIES
Section 5366. Any city may abandon its organization and reorganize
under the provisions of this Act, by proceeding as hereinafter provided.
Section 5367. Upon a petition being filed with the City Council signed
by not less than twenty-five per cent, of the qualified electors of such
city registered for the last preceding general city election, praying that
the question of reorganization under this Act be submitted to the qualified
electors of such city, said City Council shall thereupon, and within thirty
days thereafter, order a special election to be held, at which election the
question of reorganization of such city, under the provisions of this Act,
shall be submitted to the qualified electors of such city.
Such order of the City Council shall specify therein the time when
such election shall be held, which must be within ninety days from the
date of the filing of such petition.
178 ELECTION LAWS OF MONTANA
Section 5368. Upon the City Council ordering such special election
to be held, the Mayor of such city shall issue a proclamation setting
forth the purpose for which such special election is called, and the date
of holding such special election, which proclamation shall be published
for ten consecutive days in each daily newspaper published in said city,
if there be such, otherwise, once a week for two consecutive weeks in
each weekly newspaper published therein, and such proclamation shall
also be posted in at least five public places within such city.
Section 5369. At such election the ballots to be used shall be printed
upon plain, white paper, and shall be headed "Special election for the
purpose of submitting to the qualified electors of the City of
the question of reorganization of the City of under Chapter
(name of chapter containing this Act) of the Acts of the Twelfth Legis-
lative Assembly," and shall be substantially in the following form:
For reorganization of the City of under Chapter
(name of chapter containing this Act) of the Acts of the Twelfth Legis-
lative Assembly.
Against reorganization of the City of under Chapter
(name of chapter containing this Act) of the Acts of the Twelfth Legis-
lative Assembly.
Such election shall be conducted and vote canvassed and result de-
clared in the same manner as provided by law in respect to other city
elections.
Section 5370. If such propositon is adopted, the Mayor shall trans-
mit to the Governor, to the Secretary of State, and to the County Clerk
and Recorder, each, a certificate stating that such proposition was
adopted.
If such proposition shall not be adopted at such special election,
such proposition shall not again be submitted to the electors of such
city within a period of two years thereafter.
Section 5371. If a majority of the votes cast at such election shall
be in favor of such proposition, the City Council must, at its first regular
meeting held thereafter, order a special election to be held for the pur-
pose of electing a Mayor and the number of Councilmen to which such
city shall be entitled, which order shall specify the time of holding such
election, which must be within ninety days after the making of said order,
and the Mayor shall thereupon issue a proclamation setting forth the
purposes for which such special election is called and the day of holding
the same, which proclamation shall be published for ten successive days
in each daily newspaper published in such city, if there be such, othei--
wise once a week for two consecutive weeks in each weekly newspaper
published therein, and a copy thereof shall also be posted at each voting
place within said city, and also in at least ten of the most public places
in said city.
ELECTION LAWS OF MONTANA 179
Section 5372. Such election shall be conducted, the vote canvassed,
and result declared in the same manner as provided by law in respect
to other city elections.
Section 5378. All laws pfoverninp: cities of the first, second and third
classes, and not inconsistent with the provisions of this Act, shall apply
to and govern cities organized under this Act. All by-laws, ordinances,
and resolutions lawfully passed and in force in any such city under its
former organization shall remain in force until altered or repealed by
the Council elected under the provisions of this Act. The territorial limits
of such city shall remain the same as under the former organization,
and all rights and property of every description, which were vested in
any such city under its former organization, shall vest in the same under
the organization herein contemplated, and no right or liability either
in favor of or against it, existing at the time, and no suit or prosecution
of any kind shall be affected by such change, unless otherwise provided
for in this Act.
Section 5374. In every city of the third class, there shall be a Mayor
and two Councilmen; in evei-y city of the second class, a Mayor and two
Councilmen; in every city of the first class having a population of less
than twenty-five thousand, a Mayor and two Councilmen, and in every
city of the first class having a population of twenty-five thousand or
more, a Mayor and four Councilmen, and the Mayor and all Councilmen
shall be elected at large.
If any vacancy shall occur in the office of Mayor or Councilman, the
remaining members of the Council shall by a majority vote, elect a per-
son to fill such vacancy until the next general city election, and if, in
filling such vacancy, a tie vote should occur, then the person to fill said
vacancy shall be determined by lot in such manner as said Council may
provide.
Section 5375. The Mayor and Councilmen elected at such special
election shall qualify, and their terms of office shall begin on the first
Monday after their election, and the terms of office of the Mayor and
Councilmen or Aldermen in such city in office at the beginning of the
term of office of the Councilmen first elected under the pi'ovisions of
this Act shall then cease and determine, and the terms of office of all
their appointed officers in force in such city, except as hereinafter pro-
vided, shall cease and determine as soon as the Council shall by resolu-
tion declai-e.
Section 5376. The terms of office of the Mayor and all Councilmen
elected at such special election shall expire on the first Monday in May
of the year following their election. At the first regular city election
held in the year in which the terms of office of the Mayor and Council-
men elected at such special election shall expire, a Mayor and two Coun-
cilmen shall be elected in cities having a population of less than twenty-
five thousand. The Mayor elected at such first general city election shall
hold office for two years; one of the Councilmen elected at such first
city election shall hold office for one year; and the other of such Coun-
180 ELECTION LAWS OF MONTANA
cilmen elected at such first general city election shall hold office for
two years, beginning with the first Monday in May of that year; a Mayor
and four Councilmen shall be elected in cities having a population of
twenty-five thousand or more; and the Mayor elected at such first gen-
eral city election shall hold office for two years. Two of the Councilmen
elected at such first general city election shall hold office for one year,
and the other two of the Councilmen elected at such first general city
election shall hold office for two years, beginning with the first Monday
in May of that year; and the terms of office of the Mayor and all Coun-
cilmen thereafter elected shall be two years.
The Councilmen elected at the first general city election shall decide
by lot, in such manner as they may select, which thereof shall hold the
office of Councilman the term of which expires one year thereafter, and
which thereof shall hold the office of Councilman the term of which
expires two years thereafter.
Section 5377. Candidates to be voted for at all general municipal
elections at which a Mayor or Councilman are to be elected under the
provisions of this Act shall be nominated by a primary election, and no
other names shall be placed upon the general ballot except those selected
in the manner hereinafter prescribed. The primary election for such
nominations shall be held on the second Monday preceding the municipal
election. The judges of election appointed for the municipal election
shall be the judges of the primary election, and it shall be held at the
same place as far as possible, and the polls shall be opened and closed
at the same hours, with the same clerks as are required for said general
municipal election. Any qualified elector of said city who is the owner
of any real estate situated therein, desiring to become a candidate for
Mayor or Councilman, shall, at least ten days prior to said primary
election, file with the City Clerk a statement of such candidacy in sub-
stantially the following form:
State of Montana, County of ss.
I, , being first duly sworn,
say that I reside at street,
City of , County of , State
of Montana; that I am a qualified voter therein; that I am a candidate
for nomination to the office of (Mayor or Councilman) to be voted upon
at the primary election to be held on the Monday of
, 19 , and I hereby request that my name be
printed upon the official primary ballot for nomination by such primary
election for such office.
(Signed)
Subscribed and sworn to (or affirmed) before me by
on this day of , 19.
(Signed)
ELECTION LAWS OF MONTANA 181
And shall at the same time file therewith the petition of at least twenty-
five qualified voters requesting such candidacy. Each petition shall be
verified by one or more persons as to qualifications and residence, with
street number, of each of the persons so signing the said petition, and the
said petition shall be in substantially the following form:
Petition Accompanying Nominating Statement.
The undersigned, duly qualified electors of the City of ,
and residing at the places set opposite our respective names hereto, do
hereby request that the name of (name of candidate) be placed on the
ballot as a candidate for nomination for (name of office) at the primary
election to be held in such city on the Monday of
, 19 We further state that we know him to
be a qualified elector of said city and a man of good moral character,
and qualified, in our judgment, for the duties of such office.
Names of Qualifying Electors. Number Street.
Each signer of a nomination paper shall sign but one such nomina-
tion paper for the same office, except where more than one officer is to
be elected to the same office, in which case he may sign as many nomi-
nation papers as there are officers to be elected, and only one candidate
shall be petitioned for or nominated in the same nomination papers.
Immediately upon the expiration of the time of filing the statements
and petitions for candidates, the said City Clerk shall cause to be pub-
lished for three consecutive days in all the daily newspapers published
in the city, in proper form, the names of the persons as they are to
appear upon the primary ballots, and if there be no daily newspaper,
then in two issues of any other newspapers that may be published in
said city; and the said clerk shall thereupon cause the primary ballots
to be printed, authenticated with a facsimile of his signature. Upon the
said ballot the names of the candidates for Mayor, arranged alphabeti-
cally, shall first be placed, with a square at the left of each name, and
immediately below the words, "Vote for one." Following these names,
likewise arranged in alphabetical order, shall appear the names of the
candidates for Councilmen, with a square at the left of each name and
below the names of such candidates shall appear the words, "Vote for
(giving the number of persons to be voted for)." The ballots shall be
printed upon plain, substantial, white paper, and shall be headed:
Candidates for Nomination for Mayor and Councilmen
of the City of at the
Primary Election;
but shall have no party designation or mark whatever. The ballots shall
be in substantially the following form:
182 ELECTION LAWS OF MONTANA
(Place a cross in the square preceding the names of the parties you
favor as candidates for the respective positions).
Official Primary Ballot.
Candidates for Nomination for Mayor and Councilmen
of the City of at the
Primary Election;
For Mayor.
(Name of Candidate.)
(Vote for one.)
For Councilman.
(Name of Candidate.)
(Vote for ) (giving number to be voted for.)
Official Ballot Attest:
(Signature)
City Clerk.
Having caused said ballots to be printed, the said City Clerk shall
cause to be delivered at each polling place a number of said ballots
equal to twice the number of such voters registered in such polling
place at the last general municipal election. The persons who are quali-
fied to vote at the general election shall be qualified to vote at such
primary election and any person offering to vote may be orally chal-
lenged by any elector of the city upon any or all of the grounds set forth
and specified in Section 706 of this Code, and the provisions of Sections
707 to 714, inclusive, of this Code, and shall apply to all challenges made
at such election. Judges of election shall immediately upon the closing
of the polls count the ballots and ascertain the number of votes cast in
such precinct for each of the candidates for Mayor and Councilmen
and make return thereof to the City Clerk upon the proper blanks to
be furnished by the City Clerk within six hours of the closing of
the polls. On the day following the primary election the City Clerk
shall canvass said returns so received from all the polling precincts, and
shall make and publish in all the newspapers in said city, at least once,
the result thereof. Said canvass by the City Clerk shall be publicly
made. If a Mayor is to be elected at such municipal election, the two
persons receiving the highest number of votes shall be the candidates
for Mayor. If one Councilman is to be elected at such municipal election,
the two persons receiving the highest number of votes shall be the candi-
dates for Councilmen. If two Councilmen are to be elected at such gen-
eral municipal election, the four persons receiving the highest number
of votes shall be the candidates for Councilmen, and if three Councilmen
are to be elected at such municipal election, the six persons receiving the
highest number of votes shall be the candidates for Councilmen, and if
four Councilmen are to be elected at such general municipal election,
the eight persons receiving the highest number of votes shall be can-
didates for Councilmen at such general election, and these shall be the
only candidates for Mayor and Councilmen at such general election.
All electors of cities under this Act, who, by ordinances governing
ELECTION LAWS OF MONTANA 183
cities incorporated under the general municipal incorporation law, or by
charter, would be entitled to vote for the election of officers at any gen-
eral municipal election in such cities, shall be qualified to vote at all
elections under this Act; and the ballots to be used at such general mu-
nicipal election shall be in the same general form as for such primary
elections so far as applicable, and in all elections in such cities the elec-
tion precincts, voting' places, method of conducting the elections, can-
vassing of votes and announcing the results shall be the same as by law
provided for the election of officers in such cities so far as the same are
applicable and not inconsistent with the provisions of this Act.
Every person who has been declared elected Mayor or Councilman,
shall, within ten days thereafter, take and file with the City Clerk his oath
of office in the form and manner provided by law, and shall execute and
give sufficient bond to the municipal corporation in the sum of Ten
Thousand Dollars, conditioned for the faithful performance of the duties
of his office, which bond shall be approved by the Judge of the District
Court of the county in which such city is situated, and filed with the
Clerk and Recorder of the county in which such city is situated.
Section 5378. Any person who shall agree to perform any services
in the interest of any candidate for any office provided in this Act, in
consideration of any money or other valuable thing for such services
performed in the interest of any candidate, shall be punished by a fine
not exceeding Three Hundred Dollars or be imprisoned in the county
jail not exceeding thirty days.
Section 5379. Any person offering to give a bribe either in money
or other consideration, to any elector, for the purpose of influencing his
vote at any election provided in this Act, or any elector entitled to vote at
any such election receiving and accepting such bribe or other considera-
tion; any person who agrees, by promise or written statement that he
will do, or will not do, any particular act or acts, for the purpose of influ-
encing the vote of any elector or electors at any election provided in
this Act; any person making false answer to any of the provisions of
this Act relative to his qualifications to vote at such election; any person
wilfully voting or offering to vote at such election who has not been a
resident of this state for one year next preceding said election, or who
is not twenty-one years of age, or is not a citizen of the United States,
or knowing himself not to be a qualified elector of such precinct where
he offers to vote; any person knowingly procuring, aiding, or abetting
any violation hereof; shall be deemed guilty of a misdemeanor, and,
upon conviction shall be fined in a sum not less than One Hundred Dol-
lars nor more than Five Hundred Dollars; and be imprisoned in the
county jail not less than ten nor more than ninety days.
(Sections 5380-5387, inclusive, bearing on Powers and Duties of
Council, omitted.)
Section 5388. Every ordinance or resolution appropriating money or
ordering any street improvement or sewer, or making or authorizing
the making of any contract, or granting any franchise or right to occupy
184 ELECTION LAWS OF MONTANA
or use the streets, highways, bridges, or public places in the city for
any purpose, shall be complete in the form in which it is finally passed,
and remain on file with the City Clerk for public inspection at least one
week before the final passage or adoption thereof. No franchise or right
to occupy or use the streets, highways, bridges, or public places in any
such city shall be granted, renewed, or extended, except by ordinance,
and every franchise or grant for interurban or street railways, gas, or
water-works, electric light, or power plant, heating plant, telegraph or
telephone systems, or other public service utilities, or renewal or exten-
sion of any such franchise or grant within such city, must be authorized
or approved by a majority of the electors voting thereon at a general
or special election, as provided in Sections 5075, 5076, and 5077 of this
Code.
(Sections 5389-5393, inclusive, relating to Powers and Duties of
Council, omitted.)
Section 5394. The holder of any elective office may be removed at
any time by the electors qualified to vote for a successor of such incum-
bent. The procedure to effect the removal of an incumbent of an elective
office shall be as follows: A petition signed by twenty-five per cent, of
all qualified electors registered for the last preceding general municipal
election, demanding an election of a successor of the person sought to
be removed, shall be filed with the City Clerk, which petition shall con-
tain a general statement of the grounds for which the removal is sought.
The signatures to the petition need not be appended to one paper, but each
signer shall add to his, signature his place of residence, giving the street
and number. One of the signers of such paper shall make oath before
an officer competent to administer oaths that the statements therein
are true as he believes, and that each signature to the paper appended is
the genuine signature of the person whose name it purports to be. With-
in ten days from the date of filing such petition the City Clerk shall
examine, and from the voters' register ascertain whether or not said
petition is signed by the requisite number of qualified electors, and, if
necessary, the Council shall allow him extra help for that purpose; and
he shall attach to said petition his certificate, showing the result of said
examination. If, by the clerk's certificate, the petition is shown to be
insufficient, it may be amended within ten days from the date of said
certificate. The clerk shall, within ten days after such amendment, make
like examination of the amended petition, and if his certificate shall
show the same to be insufficient, it shall be returned to the person filing
the same; without prejudice, however, to the filing of a new petition to
the same effect. If the petition shall be deemed to be sufficient, the
clerk shall submit the same to the Council without delay. If the petition
shall be found to be sufficient, the Council shall order and fix a date
for holdinng said election, not less than seventy days nor more than
eighty days from the date of the Clerk's certificate to the Council that
a sufficient petition is filed.
The Council shall make, or cause to be made, publication of notice
and all arrangements for holding such election, and the same shall be
ELECTION LAWS OF MONTANA 185
conducted, returned, and the result thereof declaimed, in all respects as
are other elections.
As far as applicable, except as otherwise herein provided, nomina-
tions hereunder shall be made without the intervention of a primary
election by filing with the clerk, at least ten days prior to said special
election, a statement of candidacy accompanied by a petition signed by
electors entitled to a vote at said special election, equal in number to at
least ten per cent, of the entire number of persons, registered to vote
at the last preceding general municipal election, which said statement
of candidacy and petition shall be substantially in the form set out in
Section 5377 of this Code, so far as the same is applicable, substituting
the word "special" for the word "primary" in such statement and peti-
tion, and stating therein that such person is a candidate for election
instead of nomination. The ballot for such special election shall be in
substantially the following form:
Official Ballot.
Special election for the balance of the unexpired term of
as for
(Vote for one only.)
(Name of candidate.)
Name of present incumbent.
Official ballot attest.
(Signature) ,
City Clerk.
The successor of any officer so removed shall hold office during the
unexpired term of his predecessor. Any person sought to be removed
may be a candidate to succeed himself, and unless he requests otherwise
in writing, the clerk shall place his name on the official ballot without
nomination. In any such removal election, the candidate receiving the
highest number of votes shall be declared elected. At such election, if
some other person than the incumbent receives the highest number of
votes, the incumbent shall thereupon be deemed removed from the office
upon the qualification of his successor. In case the party who receives
the highest number of votes should fail to qualify within ten days after
receiving notification of the election, the office shall be deemed vacant.
If the incumbent receives the highest number of votes, he shall continue
in office. The said method of removal shall be cumulative, and addi-
tional to the methods heretofore provided by law.
Section 5395. Any proposed ordinance may be submitted to the Coun-
cil by petition signed by electors of the city equal in number to the per-
centage hereinafter required. The signature, verification, inspection,
certification, amendment, and submission of such petition shall be the
same as provided for petition under the preceding section. If the petition
accompanying the proposed ordinance be signed by electors equal in
number to twenty-five per centum of the entire number of persons reg-
istered to vote at the last preceding general election, and contains a
186 ELECTION LAWS OF MONTANA
request that the said ordinance be submitted to a vote of the people, if
not passed by the Council, such Council shall either:
(a) Pass each ordinance without alteration within twenty days after
the attachment of the clerk's certificate to the accompanying petition;
or,
(b) Forthwith, after the clerk shall attach to the petition accom-
panying such ordinance his certificate of sufficiency, the Council shall
call a special election, unless a general municipal election is fixed by
law within thirty days thereafter, and at such special or general munici-
pal election, if one is so fixed, such ordinance shall be submitted to the
vote of the electors of such city.
But if the petition is signed by not less than ten nor more than
twenty-five per centum of the electors, as above defined, then the Council
shall, within twenty days, pass said ordinance without change, or submit
the same at the next general city election occurring after the clerk's
certificate of sufficiency is attached to said petition.
The ballots used when voting upon said ordinance shall contain these
words: "For the ordinance" (stating the nature of the proposed ordi-
nance), and "Against the ordinance" (stating the nature of the proposed
ordinance). If a majority of the qualified electors voting on the proposed
ordinance shall vote in favor thereof, such ordinance shall thereupon
become a valid and binding ordinance of the city; and any ordinance
proposed by the petition of which shall be adopted by a vote of the peo-
ple cannot be repealed or amended except by a vote of the people.
Any number of proposed ordinances may be voted upon at the same
election, in accordance with the provisions of this section; but there shall
not be more than one special election in any period of six months for
such purposes.
The Council may submit a proposition for the repeal of any such
ordinance, or for amendments thereto, to be voted upon at any succeed-
ing general city election; and should such proposition so submitted re-
ceive a majority of the votes cast thereon at such election, such ordi-
nance shall thereby be repealed or amended accordingly. Whenever any
ordinance or proposition is required by this Act to be submitted to the
voters of the city at any election, the City Clerk shall cause such ordi-
nance or proposition to be published once in each of the daily newspapers
published in such city, and if there be none, then one time in each weekly
newspaper published therein; such publication to be not more than
twenty nor less than five days before the submission of such proposition
or ordinance to be voted on.
Section 5396. No ordinance passed by the Council, except when other-
wise required by the general laws of this state or the provisions of this
Act, except an ordinance for the immediate preservation of the public
peace, health, or safety, which contains a statement of its urgency, and
is passed by a two-thirds vote of the Council, shall go into effect before
ten days from the time of its final passage; and if, during said ten days,
a petition signed by electors of the city equal in number to at least
twenty-five per centum of the entire number of persons registered to
ELECTION LAWS OF MONTANA 187
vote at the last preceding general municipal election, protesting against
the passage of such ordinance, be presented to the Council, the same
shall thereupon be suspended from going into operation, and it shall be
the duty of the Council to reconsider such ordinance; and if the same is
not entirely repealed, the Council shall submit the ordinance, as is pro-
vided by Subdivision (b) of the preceding section, to the vote of the
electors of the city either at a general election or at a special municipal
election to be called for that purpose; and such ordinance shall not go
into effect or become operative unless a majority of the qualified electors
voting on the same shall vote in favor thereof. Said petition shall be in
all respects in accordance with the provisions of the preceding section,
except as to the percentage of signers, and be examined and certified to
by the clerk in all i-espects as therein provided.
Section 5397. Any city which shall have operated for more than one
year under the provisions of this Act may abandon such organization
hereunder and accept the provisions of the general law of the state then
applicable to cities of its population.
Upon the petition of not less than twenty-five per cent, of the electors
of such city registered for the last preceding general election a special
election shall be called, at which the following proposition only shall be
submitted :
"Shall the city of (name the city) abandon its organization under
Chapter 57 of the Acts of the Twelfth Legislative Assembly and become
a city under the general law governing cities of like population; or if
formerly organized under special charter shall resume said special char-
ter?"
If the majority of the votes cast at such special election be in favor
of such proposition, the officers elected at the next succeeding biennial
election shall be those then prescribed by the general law of the state
for cities of like population, and upon the qualification of such officers
such city shall become a city under such general law of the state, but
such change shall not in any manner or degree affect the property,
rights, or liabilities of any nature of such city, but shall merely extend
to each change in its form of government.
The sufficiency of such petition shall be determined, the election
ordered and conducted, and the results declared, generally as provided
for by Section 5394 of this Code, insofar as the provisions thereof are
applicable; or if now organized under special chai'ter, may resume said
special charter. Whenever the form of government of any city is deter-
mined by a vote of the people under the provisions of this section, the
same question shall not be submitted again for a period of two years,
and any ordinance adopted by a vote of the people shall not be repealed
or the same question submitted for a period of two years.
Section 5398. Petition provided for in this Act shall be signed by
none but legal voters of the city. Each petition shall contain, in addi-
tion to the names of the petitioners, the street and house number in
which the petitioner resides, his age, and length of residence in the city.
188 ELECTION LAWS OF MONTANA
It shall also be accompanied by the affidavit of one or more legal voters
of the city, stating that the signers thereof were, at the time of signing,
legal voters of said city, and the number of signers at the time the affi-
davit was made.
Section 5399. All Acts and parts of Acts, and all laws, not incon-
sistent with any of the provisions of this Act, now in force or hei-eafter
enacted relative to municipal corporations, are hereby continued in full
force and effect, and shall be considered and construed as not repealed
by this Act, except insofar as the same may be in conflict or inconsistent
with the provisions of this Act.
COMMISSION-MANAGER FORM OF GOVERNMENT FOR CITIES
AND TOWNS
Section 5400. Any municipality may abandon its organization and
reorganize under the provisions of this Act, by proceeding as hereinafter
provided.
Section 5401. Upon a petition being filed with the City or Town
Council, signed by not less than twenty-five per cent, of the qualified
electors of such municipality registered for the last preceding general
municipal election, praying that the question of reorganization under
this Act be submitted to the qualified electors of such municipality, said
City or Town Council shall thereupon, and within thirty days thereafter,
order a special election to be held, at which election the question of
reorganization of such municipality under the provisions of this Act
shall be submitted to the qualified electors of such municipality.
Such order of the City or Town Council shall specify therein the time
when such election shall be held, which must be within ninety days from
the date of filing such petition.
Section 5402. Upon the City or Town Council ordering such special
election to be held, the Mayor of such municipality shall issue a procla-
mation setting forth the purpose for which such special election is held,
and the date of holding such special election, which proclamation shall
be published for ten consecutive days in each daily newspaper published
in said municipality, if there be such, otherwise once a week for two
consecutive weeks in each weekly newspaper published therein, and such
proclamation shall also be posted in at least five public places within
such municipality.
Section 5403. At such election, the ballots to be used shall be printed
on plain white paper, and shall be headed "Special election for the pur-
pose of submitting to the qualified electors of (city, town) of (name of
city or town) under Chapter (name of chapter containing this Act) of
the Acts of the Fifteenth Legislative Assembly," and shall be substan-
tially in the following form:
For reorganization of the (city, town) of (name of city or town) un-
der Chapter (name of chapter containing this Act) of the Acts of the
Fifteenth Legislative Assembly.
ELECTION LAWS OF MONTANA 189
Against reorganization of the (city, town) of (name of city or town)
under Chapter (name of chapter containing this Act) of the Acts of the
Fifteenth Legislative Assembly.
Such election shall be conducted and vote canvassed and result de-
clared in the same manner as provided by law in respect to other munici-
pal elections.
"Section 5404. If such proposition is adopted, the Mayor shall trans-
mit to the Governor, to the Secretary of State and to the County Clerk
and Recorder, each a certificate stating that such proposition was
adopted.
"If such proposition shall not be adopted at such special election,
such proposition shall not again be submitted to the electors of such
municipality within a period of two years from the date of the last sub-
mission." As amended by Chapter 31, Laws of 1923.
"Section 5405. If the majority of the votes cast at such election shall
be in favor of such proposition, the City or Town Council must hold a
meeting within one week thereafter and at such meeting order a special
election to be held for the purpose of electing the number of Commis-
sioners to which such municipality shall be entitled, which order shall
specify the time of holding such election, which must be within ninety
days after the making of such order, and the Mayor shall thereupon
issue a proclamation setting forth the purpose for which such special
election is held and the day of holding the same, which proclamation
shall be published for ten successive days in each daily newspaper pub-
lished in such municipality if there be such, otherwise for two successive
weeks in each weekly newspaper published therein, and a copy thereof
shall also be posted at each voting place within said municipality and
also in five of the most public places in said municipality." As amended
by Chapter 31, Laws of 1923.
Section 5406. Such election shall be conducted, the vote canvassed,
and the result declared in the same manner as provided by law in respect
to other municipal elections.
Section 5407. All laws governing municipalities of like population,
and not inconsistent with the provisions of this Act, shall apply to and
govern municipalities organized under this Act. All by-laws, ordinances,
and resolutions lawfully passed and in force in any such municipality
under its organization, not in conflict herewith, shall remain in force
until altered or i-epealed by the Commission under the provisions of this
Act. The territorial limits of such municipality shall remain the same
as under the former organization, and all rights and property of every
description which were vested in any such municipality under its former
organization shall vest in the same under the organization herein con-
templated, and no right or liability either in favor of or against it, exist-
ing at the time, and no suit or prosecution of any kind, shall be affected
by such change, unless otherwise provided for in this Act.
Section 5408. Whenever the inhabitants of any community or group
190 ELECTION LAWS OF MONTANA
of communities in any county, whether separately incorporated in whole
or in part, or unincorporated, which are situated in such proximity or
location with reference to each other as to make single municipal con-
trol necessary or desirable, shall desire to be organized into or annexed
to an incorporated city or town under the provisions of this Act, the
Board of County Commissioners of such county may, or upon the pres-
entation of a petition signed by not less than twenty-five per cent, of
the qualified electors in such community or group of communities, must
issue a proclamation ordering a special election to be held, at which
election the question of the organization of such community or group of
communities as a municipality under the provisions of this Act shall be
submitted to the qualified electors within the proposed municipal dis-
trict. Said proclamation shall specify the time when and the places
where such election shall be held, which must be within ninety days from
the date of filing such petition, and shall define the boundaries of said
proposed municipal district, which shall include all such communities
and cities, and such additional adjacent territory as shall, in the judg-
ment of the Board of County Commissioners, provide for future urban
growth.
If a majority of the legal voters at said election vote in favor of the
organization of such municipal district, or in favor of annexation to an
incorporated city or town, then the Board of County Commissioners
shall declare the result of said elections, and immediately thereafter shall
give notice for thirty days in a newspaper published within the proposed
municipal district, or if none be published therein, by posting notices in
six public places within the limits of said district of the time and place
or places of holding the first election for Commissioners of such munici-
pal district under this law. At such election all electors qualified by the
general election laws of the state who have resided within the limits of
the municipal district for six months are qualified electors. The Board
of County Commissioners must appoint judges and clerks of election,
and canvass and declare the result thereof. The election must be con-
ducted in the manner prescribed by law for the election of county offi-
cers, and the Commissioners so elected must qualify in the manner pre-
scribed by law for county officers.
Section 5409. The inhabitants of any municipality, coming under the
provisions of this Act, as its limits now are, or may hereafter be, shall
be a body politic and corporate and have a corporate name, and as such
shall have perpetual succession, and may use a corporate seal. Through
its duly elected officers, it may sue and be sued; may acquire property
in fee simple or lesser interest, or estate by purchase, gift, devise, appro-
priation, lease, or lease with the privilege to purchase for any municipal
purpose; may sell, lease, hold, manage, and control such property, and
make any and all rules and regulations by ordinance or resolution which
may be required to carry out fully all provisions of any conveyance,
deed, or will, in relation to any gift or bequest, or the provisions of any
lease by which it may acquire property; may acquire, construct, own,
lease, and operate and regulate public utilities; may assess, levy, and
collect taxes for general and special purposes on all the subjects or
ELECTION LAWS OF MONTANA 191
objects which the municipality may lawfully tax; may iionow money on
the faith and credit of the municipality by the issue or sale of bonds or
notes of the municipality; may appropriate money of the municipality
for all lawful purposes, may create, provide for, construct, regulate and
maintain all things of nature of public works and improvements; may
levy and collect assessments for improvement districts and other local
improvements; may license and regulate persons, corporations, and asso-
ciations engaged in any business, occupation, profession, or trade; may
define, prohibit, abate, suppress and prevent all things detrimental to
the health, morals, comfort, safety, convenience, and welfare of the
inhabitants of the municipality, and all nuisances and the causes thereof;
may regulate the construction, height, and the material used in all
buildings, and the maintenance and occupancy thereof; may regulate
and control the use, for whatever purpose, of the streets and other pub-
lic places; may create, establish, abolish, and organize offices, and fix
the salai'ies and compensations of all officers and employees; may make
and enforce local sanitary and police and other regulations; and may
pass such oi'dinances as may be expedient for maintaining and promot-
ing peace, good government, and welfare of the municipality, and for
the performance of the functions thereof. The municipality shall have
all powers that now are or hereafter may be granted to municipalities
by the constitution or laws of Montana; and all such powers, whether
expressed or implied, shall be exercised and enforced in the manner pre-
scribed by this Act, or when not prescribed therein, in such manner as
shall be prescribed by the ordinances or resolutions of the Commission.
Section 5410. The form of government provided for in this Act shall
be known as the "Commission-Manager Plan," and shall consist of a
Commission of citizens, who shall be elected at large in the manner here-
inafter provided. The Commission shall consist of three Commissioners
for all municipalities having a population less than twenty-five thousand
and five Commissioners for all cities having a population of twenty-five
thousand or more. The Commission shall constitute the governing body,
with powers as hereinafter provided, to pass ordinances, adopt regula-
tions, and appoint a chief administrative officer to be known as the "City
Manager," and exercise all powers as hereinafter provided.
"Section 5411. The Commissioners elected at the first election shall
qualify and their terms of office shall begin on the first Monday after
their election, and the terms of office of the Mayor and Councilmen or
Aldermen in such city or town in office at the beginning of the term
of office of the Commissioners first elected under the provisions of this
Act shall cease and terminate, and the terms of office of all their ap-
pointed officers, and of all of the employees of such city or town, shall
cease and terminate as soon as the Commissioners shall by resolution
declare.
"All Commissioners shall serve for a term of four years and until
their successors are elected and have qualified; except that at the first
election the two candidates having the highest number of votes shall
hold office for a period of four years, less the time elapsed since the 31st
192 ELECTION LAWS OF MONTANA
day of December of the odd numbered year last preceding. The terms
of office of all other candidates shall expire on the 31st day of December
in any odd numbered year following the special election provided for in
this Act, at which the first Commissioners are elected.
"If any city or town, having adopted the plan of government pro-
vided for by this Act in the year 1921, shall have held no election to fill
the vacancy caused by the expiration of the term of the Commissioner
whose term of office expired on the first day of January, 1922, then at
the election held in such city or town in November, 1923, there shall be
elected three Commissioners. The term of office of the Commissioner
elected by the smallest number of votes at such election shall expire on
the 31st day of December, 1925, and the terms of the other two shall
expire on the 31st day of December, 1927." As amended by Chapter 31,
Laws of 1923.
Section 5412. Vacancies in the Commission shall be filled by the Com-
mission for the remainder of the unexpired term, but any vacancy result-
ing from a recall shall be filled in the manner provided in such case.
"Section 5413. Members of the Commission shall be residents of the
city or town and have the qualifications of electors, and own real estate
situated therein to the assessed value of not less than one thousand dol-
lars. Commissioners and other officers and employees shall not hold
any other public office or employment, except in the State Militia, as
School Trustees, or Notary Publics, and shall not be interested in the
profits or emoluments of any contract, job, work, or service for the mu-
nicipality. Any Commissioner who shall cease to possess any of the
qualifications herein required, shall forthwith forfeit his office, and any
such contract in which any member is or may be interested, may be
declared void by the Commission.
"No Commissioner or other officer or employee of said city or town
shall accept any frank, free ticket, pass or service directly or indirectly,
from any person, firm or corporation upon terms more favorable than
are granted to the public generally. Any violation of the provisions of
this section shall be a misdemeanor and shall also be sufficient cause
for the summary removal or discharge of the offender. Such provisions
for free service shall not apply to policemen or firemen in uniform or
wearing their official badges, where the same is provided by ordinance,
nor any Commissioner, nor to the City Manager, nor to the City Attor-
ney, upon official business, nor to any other employee or official of said
city on official business who exhibits written authority signed by the
City Manager." As amended by Chapter 31, Laws of 1923.
Section 5414. Candidates to be voted for at all general municipal
elections at which Commissioners are to be elected under the provisions
of this Act shall be nominated by a primax-y election, and no other names
shall be placed upon the general ballot except those selected in the
manner hereinafter prescribed. The pi'imary election for such nomina-
tions shall be held on the last Tuesday of August of the odd-numbered
years.
ELECTION LAWS OF MONTANA 193
Any qualified elector of the niunitipality, who is the owner of real
estate situated therein to the value of not less than one thousand dollars,
desiring to become a candidate for Commissioner, shall, at least ten days
prior to said primary election, file with the Clerk of the Commission a
statement of such candidacy in substantially the following form:
State of Montana, County of ss.
I, , being first duly sworn, say that I reside
at street (city, town) of
County of , State of Montana; that I am a qualified
voter therein; that I am a candidate for nomination to the office of
Commissioner to be voted upon at the primary election to be held on the
last Tuesday of August, 19 , and I hereby request that my name be
printed upon the official primary ballot for nomination by such primary
election for such office.
(Signed)
Subscribed and sworn to (or affirmed) before me by
on this day of , 19
(Signed)
And shall at the same time file therewith the petition of at least twenty-
five qualified voters requesting such candidacy. Each petition shall be
verified by one or more persons as to qualifications and residence, with
street number, of each of the persons so signing the said petition, and
the said petition shall be in substantially the following form:
Petition Accompanying Nominating Statement.
The undersigned duly qualified electors of the (city, town) of
, and residing at the places set opposite our respective
names hereto, do hereby request that the name of (name of candidate)
be placed on the ballot as a candidate for nomination to the office of
Commissioner at the primary election to be held on the last Tuesday of
August, 19 We further state that we know him to be a qualified
elector of said (city, town), and a man of good moral character, and
qualified, in our judgment, for the duties of such office, and we individ-
ually certify that we have not signed similar petitions greater in num-
ber than the number of Commissioners to be chosen dt the next general
municipal election.
Names of Qualifying Electors. Number. Street.
(Space for signatures.)
State of Montana, County of ss.
, being duly sworn, deposes and says,
that he knows the qualifications and residence of each of the persons
•i94 ELECTION LAWS OF MONTANA
jigning the appended petition, and that such signatui-es are genuine, and
the signatures of the persons whose names they purport to be.
(Signed)
Subscribed and sworn to before me this day of
, 19
Notary Public.
This petition, if found insufficient, shall be returned to
at No. Street, , Montana.
Immediately upon the expiration of the time of filing the statements
and petition for candidates, the Clerk of the Commission shall cause to
be published for three consecutive days in all the daily newspapers pub-
lished in the municipality in proper form, the names of the persons that
are to appear upon the primary ballots, and if there be no daily news-
paper, then in two issues of any other newspaper that may be published
in said municipality, and the said clerk shall thereupon cause the pri-
mary ballots to be printed, and authenticated with a facsimile of his
signature.
"Section 5415. All ballots used in all elections held under authority
of this Act shall be without party mark or designation. The ballots shall
be printed on plain, substantial white paper.
"Except that the crosses here shown shall be omitted, and that in
place of the names of persons here shown, there shall appear the names
of the persons who are candidates for nomination, the primary ballots
shall be substantially as hereinafter designated. Primary, regular and
special election ballots provided under authority of this Act for the
nomination or election of Commissioners shall not bear the name of any
person or persons or any issue other than those of candidates for the
nomination or election to the office of Commissioner.
Official Primary Ballot.
Vote for (here insert a number equal to the number of persons to be
elected to the office of Commissioner at the next regular municipal
election).
If you wrongly mark, tear or deface this ballot, return it and obtain
another.
Candidates for nomination to the office of Commissioner at the pri-
mary election.
John Doe
Heni-y Smith
George Jones
James Richards
Richard Doe
Official Ballot Attest:
(Signature)
Clerk of the Commission.
ELECTION LAWS OF MONTANA 1»5
Having: caused said ballots to be printed, the CMerk of the Commission
shall cause to be delivered at each polling place a number of said ballots
ten per cent in excess of the number of such voters registered in such
polling place at the last g:eneral municipal election. The persons who are
qualified to vote at the general election shall be qualified to vote at such
primary election, and any person offering to vote may be orally chal-
lenged by any elector of the municipality upon any or all grounds set
forth and specified in Section 706 of the Revised Codes of Montana of
1921, and the provisions of Sections 707, 708, 709, 710, 711, 712, 713, and
714 of the Revised Codes of Montana, 1921, shall apply at all challenges
made at such election. Judges of election shall immediately upon the
closing of the polls count the ballots and ascertain the number of such
votes cast in such precinct for each of the candidates, and make return
thereof to the Clerk of the Commission upon proper blanks to be fur-
nished by the Clerk of the Commission within twelve hours of the closing
of the polls. Not later than the first legal day after he shall have re-
ceived such returns, the Clerk of the Commission shall canvass said
returns so received from all the polling precincts and shall make and
publish in all the newspapers in said municipality, at least once, the
result thereof. Said canvass by the Clerk of the Commission shall be
made publicly.
The candidates for nomination to the office of Commissioner who
shall have received the greatest vote in such primary election shall be
placed on the ballot at the next regular municipal election, in number
not to exceed double the number of vacancies in the Commission to be
filled.
Except as otherwise in this Act provided, all electors of municipali-
ties under this Act, W'ho, by ordinances governing cities and towns incor-
porated under the general municipal incorporation law, or by charter,
would be entitled to vote for the election of officers at any general mu-
nicipal election in such cities or towns, shall be qualified to vote at all
elections under this Act; and the ballots to be used at such general
municipal elections shall be in the same general form as for such primary
election so far as applicable, and in all elections in such municipalities,
the election precincts, voting places, method of conducting the elections,
canvassing of votes and announcing the results, shall be the same as by
law provided for the election of officers in such cities or towns so far
as the same are applicable and not inconsistent with the provisions of
this Act." As amended by Chapter 31, Laws of 1923.
Section 5416. The names of candidates on all ballots used in any
election held under the authority of this Act shall be printed in rotation,
as follows:
The ballot shall be printed in as many series as there are candidates
for the office of Commissioner. The whole number of ballots to be
printed shall be divided by the number of series, and the quotient so
obtained shall be the number of ballots in each series. In printing the
first sei-ies of ballots, the names of candidates shall be arranged in
alphabetical order. After printing the first series, the first name shall
196 ELECTION LAWS OF MONTANA
be placed last and the next series printed, and the process shall be
repeated until each name in the list shall have been printed first an
equal number of times. The ballots so printed shall then be combined
in tablets, so as to have the fewest possible ballots having: the same
order of names printed thereon together in the same tablet.
Section 5417. A regular election for the choice of Commissioners,
provided for in this Act, shall be held on the first Tuesday after the
first Monday in November of any odd-numbered year, and on the first
Tuesday after the first Monday in November in each second year there-
after. Elections so held shall be known as regular municipal elections.
All other elections held under the provisions of this Act, excepting those
for the nomination of candidates for the office of Commissioner, shall
be known as special municipal elections.
"Section 5418. Every candidate for Commissioner shall, within thirty
(30) days after the election, file with the Clerk of the Commission his
sworn statement of all his election and campaign expenses, and by whom
such funds were contributed.
Any violation of the provisions of this section shall be a misdemeanor,
and if committed by a successful candidate, give ground for the removal
from office." As amended by Chapter 31, Laws of 1923.
Section 5419. Any or all of the Commissioners provided for in this
Act may be removed from office by the electors. The procedure to effect
such removal, shall be as follows:
A petition demanding that the question of removing such officers
be submitted to the electors shall be filed with the Clerk of the Commis-
sion.
Such petition for the recall of any or all of the Commissioners shall
be signed by at least twenty-five per cent, of the total number of regis-
tered voters in the municipality.
The signatures to such petition need not be appended to any one
paper.
Section 5420. Petition papers shall be procured only from the Clerk
of the Commission, who shall keep a sufficient number of such blank
petitions on file for distribution as herein provided. Prior to the issu-
ance of such petition papers, an affidavit shall be made by one or more
qualified electors and filed with the Clerk of the Commission, stating the
name and the office of the officer or officers sought to be removed. The
Clerk of the Commission upon issuing any such petition papers to an
elector, shall enter in a record, to be kept in his office, the name of the
elector to whom issued, the date of such issuance, and the number of
papers issued, and shall certify on such papers the name of the elector
to whom issued, and the date issued. No petition papers so issued shall
be accepted as part of the petition unless it bears such cei'tificate of the
Clerk of the Commission, and unless it be filed as provided herein.
Section 5421. Each signer of a recall petition shall sign his name in
ink or indelible pencil, and shall place thereon, after his name his place
ELECTION LAWS OF MONTANA 197
of residence by street and number. To each such petition paper there
shallbe attached an affidavit of the circulator thereof, statinj? the num-
ber of signers to such part of the petition, and that each signature
appended to the paper was made in his presence and is the genuine sig-
nature of the person whose name it purports to be.
Section 5422. All papers comprising a recall petition shall be assam-
bled and filed with the Clerk of the Commission as one instrument within
thirty days after the filing with the Clerk of the Commission of the
affidavit stating the name and the office of the officer sought to be
removed.
Section 5423. The Clerk of the Commission shall at once submit the
recall petition to the Commission, and shall notify the officer sought to
be recalled of such action. If the official whose removal is sought does
not resign within fiye days after such notice, the Commission shall
thereupon order and fix a day for holding a recall election. Any such
election shall be held not less than seventy nor more than eighty days
after the petition has been presented to the Commission, at the same
time as any other general or special election held within such period;
but if no such election be held within such period, the Commission
shall call a special recall election to be held within the time aforesaid.
Section 5424. The ballots at such recall election shall conform to the
following requirements:
With respect to each person whose removal is sought, the question
shall be submitted, "Shall (name of person) be removed from the office
of (name of office) by recall?"
Immediately following each such question, there shall be printed on
the ballots the two propositions, in the order set forth:
"For the recall (name of person).
"Against the recall (name of person)."
Immediately to the left of the proposition shall be placed a square
in which the electors, by making a cross mark (X), may vote for either
of such propositions. Under said questions shall be placed the names
of candidates to fill the vacancy or vacancies. The name of the officer
or officers whose removal is sought shall not appear on the ballot as
a candidate or candidates to succeed himself or themselves.
Before any such recall election for the removal of Commissioners
shall be had, there shall be nominated candidates to fill the vacancy
or vacancies, the nominations therefor to be made by petition, which
petition for each candidate shall be signed by at least twenty-five regis-
tered electors, and shall be filed at least thirty days prior to the date
fixed for holding such recall election; and the form and requirements
for said petition shall be the same as hereinbefore provided in the case
of primary nominations.
Section 5425. Should a majority of the votes cast at a recall election
be against the recall of the officer named on the ballot, such officer
shall continue in the office for the remainder of his unexpired term.
198 ELECTION LAWS OF MONTANA
subject to recall as before. If a majority of the votes cast at a recall
election shall be for the recall of the officer named on the ballot, he
shall, regardless of any technical defects in the recall petition, be
deemed removed from office.
Section 5426. No recall petition shall be filed against a Commissioner
within six months after he takes his office, nor, in case of an officer
reelected in a recall election, until six months after that election.
Section 5427. Any person who shall agree to perform any services
in the interest of any candidate for any office provided in this Act, in
consideration of any money or other valuable thing for such services
performed in the interest of any candidate, shall be punished by a fine
not exceeding Three Hundred Dollars, or be imprisoned in the county
jail not exceeding thirty days, or both such fine and imprisonment.
Section 5428. Any person offering to give a bribe, either in money
or other consideration, to any elector for the purpose of influencing his
vote at any election provided in this Act, or any elector entitled to vote
at any such election receiving and accepting such bribe or other consid-
eration; any person who agrees, by promise or written statement, that
he will do, or will not do, any pai'ticular act or acts, for the purpose of
influencing the vote of any elector or electors at any election provided
in this Act; any person making false answer to any of the provisions
of this Act relative to his qualifications to vote at such election; any
person wilfully voting or offering to vote at such election, who has not
been a resident of this state for one year next preceding said election,
or who is not twenty-one years' of age, or is not a citizen of the United
States, or knowing himself not to be a qualified elector of such precinct
where he offers to vote; any person knowingly procuring, aiding, or
abetting any violation hereof, shall be deemed guilty of a misdemeanor,
and, upon conviction, shall be fined a sum of not less than One Hundred
Dollars nor more than Five Hundred Dollai-s, or be imprisoned in the
county jail not less than ten nor more than ninety days, or both such
fine and imprisonment.
Section 5429. Any proposed ordinance may be submitted to the Com-
mission by petition signed by at least ten per cent, of the total number of
registered voters in the municipality. All petition papers circulated with
respect to any proposed ordinance shall be uniform in character and
shall contain the proposed ordinance in full, and have printed or written
thei'eon the names and addresses of at least five electors who shall be
officially regarded as filing the petition, and shall constitute a committee
of the petitioners for the purposes hereinafter named.
Section 5430. Each signer of a petition shall sign his name in ink or
indelible pencil, and shall place on the petition papers, after his name,
his place of residence by street and number. The signatures of any such
petition papei's need not all be appended to one paper, but to each such
paper there shall be attached an affidavit by the circulator thereof, stat-
ing the number of signers to such part of the petition, and that each sig-
nature appended to the paper is the genuine signature of the person whose
name it purports to be, and was made in the presence of the affiant.
ELECTION LAWS OF MONTANA 199
Section 5431. All papers comprising a petition shall be assembled
and filed with the Clerk of the Commission as one instrument, and when
so filed, the Clerk of the Commission shall submit the proposed ordinance
to the Commission at its next regular meeting. Provision shall be made
for public hearings upon the proposed ordinances.
The Commission shall at once proceed to consider it, and shall take
final action thereon within thirty days from the date of submission. If
the Commission rejects the proposed ordinance, or passes it in a differ-
ent form from that set forth in the petition, the committee of the peti-
tioners may require it to be submitted to a vote of the electors in its
original form, or that it be submitted to a vote of the electors with any
proposed change, addition, or amendment, if a petition for such election
is presented bearing additional signatures of fifteen per cent, of the
electors of the city or town.
Section 5432. When an ordinance proposed by petition is to be sub-
mitted to a vote of the electors, the committee of the petitioners shall
certify that fact and the proposed ordinance to the Clerk of the Com-
mission within twenty days after the final action on such proposed ordi-
nance by the Commission.
Section 5433. Upon receipt of the certificate and certified copy of
the proposed ordinance, the clerk shall certify the fact to the Commis-
sion at its next regular meeting. If an election is to be held not more
than six months nor less than thirty days after the receipt of the clerk's
certificate by the Commission, such proposed ordinance shall then be
submitted to a vote of the electors. If no such election is to be held
within the time aforesaid, the Commission shall provide for submitting
the proposed ordinance to the electors at a special election.
Section 5434. The ballots used when voting upon any such pi-oposed
ordinance shall state the title of the ordinance to be voted on, and below
it the two propositions, "For the ordinance," and "Against the ordi-
nance." Immediately at the left of each proposition there shall be a
square, in which, by making a cross (X), the voter may vote for or
against the proposed ordinance. If a majority of the electors voting
on any such proposed ordinance shall vote in favor thereof, it shall there-
upon become an ordinance of the municipality.
Section 5435. Proposed ordinances for repealing any existing ordi-
nance or ordinances, in whole or in part, may be submitted to the Com-
mission as provided in the preceding section for initiating ordinances.
Initiated ordinances adopted by the electors shall be published and may
be amended or repealed by the Commission as in the case of other oi'di-
nances.
Section 5436. No ordinance passed by the Commission, unless it be
an emergency measure, shall go into effect until thirty days after its
final passage by the Commission. If at any time within the said thirty
days, a petition signed by twenty-five per cent, of the total number of
registered voters in the municipality be filed with the Clerk of the Com-
mission, requesting that any such ordinance be repealed or submitted
200 ELECTION LAWS OF MONTANA
to a vote of the electors, it shall not become operative until the steps
taken herein shall have been taken.
Section 5437. The Clerk of the Commission shall deliver the petition
to the Commission, which shall proceed to reconsider the ordinance. If,
upon such reconsideration, the ordinance be not entirely repealed, the
Commission shall provide for submitting to a vote of the electors, and
in so doing, the Commission shall be governed by the provisions herein
contained, respecting the time of submission and manner of voting on
ordinances proposed to the Commission by petition. If, when submitted
to a vote of the electors, any such ordinance be not approved by a ma-
jority of those voting thereon, it shall be deemed repealed.
Section 5438. Referendum petitions need not contain the text of the
ordinance, the repeal of which is sought, but shall be subject in all other
respects to the requirements for petitions submitting proposed ordinances
to the Commission. Ballots used in referendum elections shall conform
in all respects to those provided for in Section 5434 of this Code.
Section 5439. Ordinances submitted to the Commission by initiative
petition and passed by the Commission without change, or passed in an
amended form and not required to be submitted to a vote of the electors
by the committee of the petitioners, shall be subject to a referendum in
the same manner as other ordinances.
Section 5440. If the provisions of two or more ordinances adopted or
approved at the same election conflict, the ordinance receiving the high-
est affirmative vote shall prevail.
Section 5441. Ordinances passed as emergency measures shall be
subject to a referendum in like manner as other ordinances, except that
they shall go into effect at the time indicated in such ordinances. If,
when submitted to a vote of the electors, an emei-gency measure be not
approved by a majority of those voting thereon, it shall be considered
repealed as regards any further action thereunder; but such measure
so repealed shall be deemed sufficient authority for payment, in accord-
ance with the ordinance, of any expense incurred previous to the refer-
endum vote thereon.
"Section 5442. In case a petition be filed requiring that a measure
passed by the Commission providing for an expenditure of money, a
bond issue, or a public improvement be submitted to a vote of the elec-
tors, all steps preliminary to such expenditure, actual issuance of the
bonds, or actual execution of the contract for such improvement, may
be taken prior to the election; and at such election only resident tax-
payers of such city or town whose names as such appear upon the assess-
ment roll and who are also qualified electors of said city or town, shall
be entitled to vote at such election. And at any and all elections in such
city or town at which questions relating to bond issues, tax levies, or
the expenditure of money shall be submitted, no person shall be entitled
to vote unless qualified as in this section provided." As amended by
Chapter 31, Laws of 1923.
ELECTION LAWS OF MONTANA 201
"Section 5443. Every person who has been declared elected Commis-
sioner, shall within ten (10) days thereafter take and file with the Clerk
of the Commission his oath of office in the form and manner provided
by law, and shall execute and give sufficient bond to the municipal cor-
poration in such sum as the Judge of the District Court of the county in
which such municipality is situated, not, however, exceeding $5000.00 for
Commissioners in cities of the first class and $3000.00 for Commission-
ers in all other cities ajid towns, conditioned for the faithful perform-
ance of the duties of his office, which bond shall be filed with the Clerk
and Recorder of the county in which such municipality is situated. The
premium on such bond as may be required, shall be paid by the munici-
pality." As amended by Chapter 31, Laws of 1923.
"Section 5444. The Mayor shall be that member of the Commission
who, at the regular municipal election at which the Commissioners were
elected, received the highest number of votes. In case two candidates
receive the same number of votes, one of them shall be chosen Mayor
by the remaining members of the Commission. In event of a vacancy
in the office of the Mayor, by the expiration of his term of office, the
holdover Commissioner having received the highest number of votes
shall be the Mayor. In the event there is a vacancy in the office of the
Mayor for any other cause, the remaining members of the Commission
shall choose his successor for the unexpired term from their own num-
ber by lot. The Mayor shall be the presiding officer, except that in his
absence, a president pro tempore may be chosen. The Mayor shall exer-
cise such powers conferred, and perform all duties imposed upon him
by this Act, the ordinances of the municipality and the laws of the state,
except that he shall have no power to veto any measure. He shall be
recognized as the official head of the municipality by the courts for the
purpose of serving civil processes, by the governor for the purposes of
the military law, and for all ceremonial purposes." As amended by
Chapter 31, Laws of 1923.
Section 5445. In the event that the Commissioner who is acting as
Mayor shall be recalled, the remaining members of the Commission shall
select one of their number to serve as Mayor for the unexpired term.
In the event of the recall of all the Commissioners, the person receiving
the highest number of votes at the election held to determine their suc-
cessor shall serve as the Mayor.
Section 5446. In municipalities having three Commissioners, two
Commissioners shall constitute a quorum; and the affirmative vote of
two Commissioners shall be necessary to adopt or reject any motion,
resolution, or ordinance, or pass any measure unless a greater number
is provided for in this Act. In municipalities having five Commissioners,
three Commissioners shall constitute a quorum, and the affirmative vote
of three Commissioners shall be necessary to adopt or reject any motion,
resolution, or ordinance, or pass any measure unless a greater number
is provided for in this Act. Upon every vote, the ayes and nays shall be
called and recoi'ded, and every motion, resolution, or ordinance shall be
reduced to writing and read before the vote is taken thereon.
202 ELECTION LAWS OF MONTANA
Section 5447. The salary of each Commissioner shall be as follows:
for each meeting attended, cities or towns with less than twenty-five
thousand inhabitants, Five Dollars; cities with more than twenty-five
thousand inhabitants, not to exceed Ten Dollars; provided, that not more
than one fee shall be paid for any one day. The salary of the Commis-
sioner acting as Mayor shall be one and one-half times that of the other
Commissioners.
"Section 5448. At ten o'clock A. M. on the first Monday after the
first day of January, following a regular municipal election, the Commis-
sion shall meet at the usual place for holding the meetings of the legis-
lative body of the municipality, at which time the newly elected Com-
missioners shall assume the duties of their office. Thereafter, the Com-
missioners shall meet at such times as may be prescribed by ordinance
or resolution, except that in municipalities having less than five thousand
inhabitants, they shall meet regularly at least once and not more than
four times per month, and in municipalities having more than five thou-
sand inhabitants, they shall meet not less than once every two weeks.
Absence from five (5) consecutive regular meetings shall operate to
vacate the seat of a member, unless such absence be authorized by the
Commission.
"The Commissioner acting as Mayor, any two members of the Com-
mission or the City Manager, may call special meetings of the Commis-
sion upon at least twelve (12) hours' written notice to each member of
the Commission, served personally on each member or left at his usual
place of residence. All meetings of the Commission shall be public and
any citizen shall have access to the minutes and records thereof at all
reasonable times. The Commission shall determine its own rules and
order of business and shall keep a journal of its proceedings." As amend-
ed by Chapter 31, Laws of 1923.
(Sections 5449-5495, inclusive, bearing on Powers and Duties of Com-
mission, omitted.)
Section 5496. The Commission shall have all powers to grant rights
to occupy or use the streets, highways, bridges, or public places in the mu-
nicipality that now are, or hereafter may be granted to municipalities
by the constitution or laws of Montana. Every ordinance or resolution
passed by the Commission granting the right to occupy or use streets,
highways, or public places of municipalities shall be complete in the
form in which it is finally passed, and remain on file with the Commis-
sion for inspection by the public for at least one week before the final
adoption or passage thereof.
Section 5497. The Commission may, by ordinance, renew any grant
for the construction or operation of any utility, at its expiration, subject
to petition and referendum as hereinbefore provided.
Section 5498. No exclusive grant or renewal shall ever be granted,
and no grant shall be renewed before two years prior to its expiration.
Section 5499. The Commission shall, in any ordinance granting or
ELECTION LAWS OF MONTANA 203
renewing any grant to construct and operate a public utility, prescribe
the manner in which the streets and public grounds shall be used and
occupied.
Section 5500. The Commission may, by ordinance, grant to any indi-
vidual, company, or corporation operating a public utility, the right to
extend the appliances and service of such utility outside of the territory
as designated by the franchise, subject to petition and referendum as
hereinbefore stated. All such extensions shall become part of the aggre-
gate property of the utility, and shall be subject to all the obligations
and reserved rights in favor of the municipality applicable to the prop-
erty of the utility by virtue of the ordinance providing for its construc-
tion and operation. The right to use and maintain any such extensions
shall expire with the original grant of the utility to which the extension
was made, or any renewal thereof.
(Sections 5501-5513, inclusive, bearing on Powers and Duties of Com-
mission, omitted.)
Section 5514. Any municipality which shall have operated for more
than two years under the provisions of this Act, may abandon such
organization hereunder, and accept the provisions of the general law of
the state applicable to municipalities of its population.
Upon the petition of not less than twenty-five per cent, of the elec-
tors of such municipality registered for the last preceding general elec-
tion, a special election shall be called, at which the following proposition
only shall be submitted:
"Shall the (city or town) of (name of city or town) abandon its
organization under the (name of this Act) and become a (city or town)
under the general law governing (cities or towns) of like population;
or if formerly organized under special charter, shall resume said special
charter?"
If the majority of the votes cast at such special election be in favor
of such proposition, the officers elected at the next succeeding biennial
election shall be those then prescribed by the general laws of the state
for municipalities of like population, and upon the qualification of such
officers, such municipality shall become a municipality under such gen-
eral law of the state, but such change shall not in any manner or degree
affect the property rights, or liabilities of any nature of such munici-
pality, but shall merely extend to each change in its form of govern-
ment.
The sufficiency of such petition shall be determined, the election
ordered and conducted, and the results declared, as provided for by the
provisions of this Act, insofar as the provisions thereof are applicable.
Whenever the form of government of a municipality is determined by a
vote of the people under the provisions of this section, the same question
shall not be submitted again for a period of two years, and any ordinance
adopted by the vote of the people shall not be repealed or the same ques-
tion submitted for a period of two years.
204 ELECTION LAWS OF MONTANA
"Section 5515. Except as otherwise in this Act provided, all Acts
and parts of Acts and all laws now in force or hereafter ehacted rela-
tive to municipal corporations, are hereby continued in full force and
effect and shall be considered and construed as not repealed by this Act,
except insofar as the same may be in conflict or inconsistent with the
provisions of this Act." As amended by Chapter 31, Laws of 1923.
"Section 5516. All laws and parts of laws in conflict herewith are
hereby repealed; provided, however, that this Act shall not repeal or
modify any of the provisions of an Act approved March 4, 1913, entitled,
An Act making the Board of Railroad Commissioners of the State of
Montana ex-officio a Public Service Commission for the regulation and
control of certain public utilities, etc., or any amendment or amend-
ments of said Act, or Section 6645 of the Revised Codes of Montana of
1921, and neither shall this Act in any manner curtail or impair the
power or authority of said Public Service Commission and any order
made, action taken, or regulation provided, by said Commission shall
supersede and nullify any order, regulation, ordinance or other action
authorized by this Act in conflict with any such order, regulation, or
action, of said Public Service Commission; provided, that the annual
report relating to the operation of any public utility owned by any mu-
nicipality operating under the provisions of this Act, to be made to said
Public Service Commission, shall conform to the fiscal year of such city
or town as established by this Act." As amended by Chapter 31, Laws
of 1923.
Section 5517. Whenever any group of communities shall become a
single municipal district under the provisions of this law, the Commis-
sioners elected at the first election shall have the same functions and
authority, and municipal procedure in all respects shall be the same as
is provided in this law where single communities, cities, or towns adopt
the Commission-Manager form of government, and the terms of all
municipal officers in any prior city or town which may be included in
such new municipal district shall in like manner cease and terminate as
soon as the Commissioners shall by resolution so declare, and the cor-
porate functions and existence of any such prior municipal corporation
may in like manner be terminated by said Commissioners when the need
for the further existence of such prior corporation shall be at an end.
Section 5518. Whenever any group of communities, including one or
more incorporated cities or towns, shall become a single municipal dis-
trict under this law, such municipal district shall bear the same name
as the principal incorporated city or town in such district.
Section 5519. Whenever any group of communities, including one or
more incorporated cities or towns, shall become a single municipal dis-
trict under this law, the corporate property of each such city or town
shall become the property of the new municipality, but improvements
paid for in whole or in part by special assessments upon abutting prop-
erty within special improvement districts shall not be deemed municipal
property within the meaning of this law, to the extent of payments so
ELECTION LAWS OF MONTANA 205
made. If such prior city or town shall have an unpaid indebtedness, the
Commissioners of said new municipality elected at the first municipal
election shall inventory and appraise or cause to be inventoried and
appraised, all such property, and if the amount of the indebtedness of
such prior city or town shall exceed the inventory value of the property
surrendered to the new municipality by such prior city or town, then
the excess of such indebtedness over the inventory value of said property
shall be a charge only against the taxable property within the limits of
such prior city or town, and shall be paid by levy upon such property
alone.
Section 5520. Whenever any city organized under this Act includes
the county seat of the county in which it is situated, any unused space
in the county buildings in such city may be rented to the City Commis-
sioners for municipal use by the Board of County Commissioners for
such rent as shall represent an income of not more than six per cent,
upon the investment in such buildings proportionate to the space rented.
Such Commissioners may also contract with the Board of County Com-
missioners for the pei'formance by county officials or employees of any
kind of municipal work which can be feasibly performed by them. The
compensation for such work shall be based upon additional cost to the
county of its performance, and such compensation shall be paid into the
general fund of such county unless otherwise provided by law.
CHAPTER 47, LAWS OF 1929
An Act to Amend Chapter 98 of the Session Laws of the Eighteenth
Legislative Assembly Relating to the Qualifications of Electors En-
titled to Vote Upon Proposals to Create or Increase Indebtedness of
the City, Town, School District or Other Municipal Corporations and
Relating to Official Duties Concerned Therewith.
Be It Enacted by the Legislative Assembly of the State of Montana:
Section 'l. That Chapter 98 of the Session Laws of the Eighteenth
Legislative Assembly be, and the same is hereby amended to read as
follows:
Section 1. That from and after the passage and approval of this Act,
only such registered electors of the city, town, school district, or other
municipal corporation whose names appear upon the last preceding
assessment roll shall be entitled to vote upon any proposal to create or
increase any indebtedness of city, town, school district or other munici-
pal corporation, required by law to be submitted to a vote of the electors
thereof.
Section 2. The County Clerk shall, immediately after the closing of
the registration books of his county preceding such election, as provided
by law, prepare lists of the registered electors of the city, town, school
district, or other municipal corporation whose names appear upon the
last preceding assessment roll, and shall prepare poll books therefor as
provided by Section 568, Revised Codes of Montana of 1921, and furnish
copies thereof to the city, town, school district or municipal corporation
206 ELECTION LAWS OF MONTANA
in which such election is to be held for which he shall receive compen-
sation as provided in Section 571, Revised Codes of Montana of 1921.
When the election is upon a proposal to create or increase the indebted-
ness of a city, town, school district or other municipal corporation, the
County Clerk shall deliver such lists to the clerk of the city, town, school
district or other municipal corporation, holding such election, and it shall
be his duty to post such lists in the manner provided in said Section 567.
Section 2. All Acts and parts of Acts in conflict herewith are hereby
repealed.
Section 3. This Act shall be in full force and effect from and after
its passage.
Approved March 1, 1929.
JUDICIAL OFFICERS
Justices of the Supreme Court.
(Constitutional Provisions, Article VIII, Section 12, Page 11)
Section 8790. On and after September 1, 1919, the Supreme Court
shall consist of a Chief Justice and four Associate Justices, who shall
be elected by the qualified electors of the state at lai-ge at the general
state elections next preceding the expiration of the terms of office of
their predecessors, respectively, and shall hold their offices for the term
of six years from and after the first Monday of January next succeeding
their election.
Section 8791. The first term of office of one of the additional Justices
of the Supreme Court hereby provided for shall extend from the first
day of September, 1919, to the first Monday of January, 1921; and John
Hurley of Valley county, Montana, is hereby named as said Justice of
the Supreme Court, and he shall hold said office for said term.
•
Section 8792. The first term of office of the other said additional Jus-
tice of the Supreme Court hereby provided for shall extend from the first
day of September, 1919, to the first Monday of January, 192o; and
George Y. Patten of Gallatin county, Montana, is hereby named as said
additional Justice of the Supreme Court, and he shall hold office for
said term.
Section 8797. The years during which a Justice of the Supreme Court
is to hold office are to be computed respectively from and including the
first Monday of January of any one year to and excluding the first Mon-
day of January of the next succeeding year.
Section 8798. If a vacancy occur in the office of a Justice of the
Supreme Court, the Governor must appoint an eligible person to hold
the office until the election and qualification of a Justice to fill the
vacancy, which election must take place at the next succeeding general
election; and the Justice so elected holds the office for the remainder of
the unexpired term of his predecessor.
ELECTION LAWS OF MONTANA 207
JUDICIAL DISTRICTS
Section 8812. Judicial Districts Defined. In this state there are sev-
enteen judicial districts, distributed as follows:
First District, Lewis and Clark and Broadwater counties.
Second District, Silver Bow county.
Third District, Deer Lodge, Granite, and Powell counties.
Fourth District, Missoula, Mineral, Lake, Ravalli, and Sanders coun-
ties.
Fifth District, Beaverhead, Jefferson, and Madison counties.
Sixth District, Gallatin, Park, and Sweet Grass counties.
Seventh District, Dawson, McCone, Richland, and Wibaux counties.
Eighth District, Cascade and Chouteau counties. »
Ninth District, Teton, Pondera, Toole, and Glacier counties.
Tenth Disti'ict, Fergus, Judith Basin, and Petroleum counties.
Eleventh District, Flathead and Lincoln counties.
Twelfth District, Liberty, Hill, and Blaine counties.
Thirteenth District, Yellowstone, Big Horn, Carbon, Stillwater, and
Treasure counties.
Fourteenth District, Meagher, Wheatland, Golden Valley, and Mus-
selshell counties.
Fifteenth District, Roosevelt, Daniels, and Sheridan counties.
Sixteenth District, Custer, Carter, Fallon, Prairie, Powder River,
Garfield, and Rosebud counties.
Seventeenth District, Phillips and Valley counties.
(As amended by Chapter 91, Laws of 1929.)
Section 8813. Number of Judges. In each Judicial District there
must be the following number of Judges of the District Court, who must
be elected by the qualified voters of the district, and whose term of office
must be four years, to-wit: In the First, Second, Fourth, Eighth, Thir-
teenth and Sixteenth, two judges each, in all other districts one judge
each. (As amended by Chapter 91, Laws of 1929.)
CHAPTER 91, LAWS OF 1929
Section 3. For the purpose of electing district judges at the general
election to be held during the year 1932, and at the primary election
preceding same, this Act shall be in full force and effect from and after
its passage and approval, and at such general election district judges in
this state shall be elected in accordance and in compliance with the pi'o-
visions of this Act and not otherwise.
Section 4. For all purposes other than those specified in the next
preceding section, this Act shall be in full force and effect on and after
the first Monday in January, 1933, and until said first Monday in Jan-
uary, 1983, the judicial districts and district judges in this state shall be
and remain as heretofore provided in Section 3 of this Act.
208 ELECTION LAWS OF MONTANA
Section 8820. If a vacancy occur in the office of judge of a district
court, the governor must appoint an eligible person to hold the office
until the election and qualification of a judge to fill the vacancy, which
election must take place at the next succeeding general election, and
the judge so elected holds office for the remainder of the unexpired
term.
JUSTICES OF THE PEACE
(Constitutional Provision, Article VIII, Section 20. See Page 12)
li; >|; ;(: j|; :?; tj:
Section 8833. There must be at least two Justices' Courts in each of
the organized townships of the state, for which two justices of the peace
must be elected by the qualified electors of the township at the general
state election next preceding the expiration of the term of office of his
predecessor.
■-;: --'f * :ic * *
Section 8837. The term of office of justices of peace is two years
from the first Monday in January next succeeding their election.
Section 8838. If a vacancy occurs in the office of a justice of the
peace, the County Commissioners of the county must appoint an eligible
person to hold the office for the remainder of the unexpired term.
BOND ISSUE, RESTRAINED
Section 9040. No action can be brought for the puipose of restraining
the issuance and sale of bonds by any school district, county, city or
town in the State of Montana, or for the purpose of restraining the levy
and collection of taxes for the payment of such bonds, after the expira-
tion of sixty days from the date of the order authorizing the issuance
and sale of such bonds, on account of any defect, irregularity, or infor-
mality in giving notice, or in holding the election upon the question of
such bond issue.
CRIMES AGAINST ELECTIVE FRANCHISE
Section 10747. Every person charged with the performance of any
duty, under the provisions of any law of this state relating to elections,
or the registration of the names of electors, or the canvassing of the
returns of election, who wilfully neglects or refuses to perform such duty,
or who, in his official capacity, knowingly and fraudulently acts in con-
travention or violation of any of the provisions of such laws, is, unless
a different punishment for such acts or omissions is prescribed by this
Code, punishable by fine not exceeding One Thonsand Dollars, or by
imprisonment in the state prison not exceeding five years, or both.
Section 10748. Every person who wilfully causes, procures, or allows
himself to be registered in the official register of any election district
of any county, knowing himself not to be entitled to such registration,
is punishable by a fine not exceeding One Thousand Dollars, or by im-
prisonment in the county jail or state prison not exceeding one year.
ELECTION LAWS OF MONTANA 209
or both. In all cases where, on the trial of the person charged with any
offense under the provisions of this section, it appears in evidence that
the accused stands registered in such register of any county, without
being qualified for such registration, the court must order such regis-
tration to be cancelled.
Section 10749. Every person not entitled to vote who fraudulently
votes, and every person who votes more than once at any one election,
or changes any ballot after the same has been deposited in the ballot-box,
or adds, or attempts to add, any ballot to those legally polled at any
election, either by fraudulently introducing the same into the ballot-box
before or after the ballots therein have been counted; or adds to, or
mixes with, or attempts to add to or mix with, the ballots lawfully
polled, other ballots, while the same are being counted or canvassed, or
at any other time, with intent to change the result of such election; or
carries away or destroys, or attempts to carry away or destroy, any poll-
lists, check-lists, or ballots, or ballot-box, for the purpose of breaking
up or invalidating such election, or wilfully detains, mutilates, or de-
stroys any election returns, or in any manner so interferes with the
officers holding such election or conducting such canvass, or with the
voters lawfully exercising their rights of voting at such election, as to
prevent such election or canvass from being fairly held and lawfully
conducted, is guilty of a felony.
Section 10750. Every person not entitled to vote, who fraudulently
attempts to vote or register, or who, being entitled to vote, attempts to
vote or register more than once at any election, is guilty of a misde-
meanor.
Section 10751. Every person who procures, aids, assists, counsels, or
advises another to register or give or offer his vote at any election,
knowing that the person is not entitled to vote or register, is guilty of
a misdemeanor.
Section 10752. Every officer or clerk of election who aids in chang-
ing or destroying any poll-list or check-list, or in placing any ballots
in the ballot-box, or taking any therefrom, or adds, or attempts to add,
any ballots to those legally polled at such election, either by fraudu-
lently introducing the same into the ballot-box before or after the ballots
therein have been counted, or adds to or mixes with, or attempts to add
to or mix with, the ballots polled, any other ballots, while the same are
being counted or canvassed, or at any other time, with intent to change
the result of such election, or allows another to do so, when in his power
to prevent it, or carries away or destroys, or knowingly allows another
to carry away or destroy, any poll-list, check-list, ballot-box, or ballots
lawfully polled, is guilty of a felony.
Section 10753. Every judge or clerk of an election who, previous to
putting the ballot of an elector in the ballot-box, attempts to find out
any name on such ballot, or who opens or suffers the folded ballot of
any elector which has been handed in, to be opened or examined previous
210 ELECTION LAWS OF MONTANA
to putting the same into the ballot-box, or who makes or places any
mark or device on any folded ballot, with the view to ascertain the name
of any person for whom the elector has voted, is punishable by impris-
onment in the county jail for a period of six months, or in the state
prison not exceeding two years, or by fine, not exceeding Five Hundred
Dollars, or by both.
Section 10754. Every person who forges or counterfeits retuiTis of
an election purporting to have been held at a precinct, town, or ward
where no election was in fact held, or wilfully substitutes forged or
counterfeit returns of election in the place of the true returns for a
precinct, town, or ward where an election was actually held, is punisha-
ble by imprisonment in the state prison for a term not less than two nor
more than ten years.
Section 10755. Every person who wilfully adds to or substracts from
the votes actually cast at an election, in any returns, or who alters such
returns, is punishable by imprisonment in the state prison for not less
than one nor more than five years.
Section 10756. Every person who aids or abets in 'the commission of
any of the offenses mentioned in the four preceding sections is punish-
able by imprisonment in the county jail for a period of six months, or
in the state prison not exceeding two years.
Section 10757. Every person who, by force, threats, menaces, bribery,
or any corrupt means, either directly or indirectly, attempts to influ-
ence any elector in giving his vote, or to deter him from giving the same,
or attempts by any means whatever to awe, restrain, hinder, or disturb
any elector in the free exercise of the right of suffrage, or defrauds any
elector at any such election, by deceiving and causing such elector to
vote for a different person for any office than he intended or desired to
vote for; or who, being judge or clerk of any election, while acting as
such, induces, or attempts to induce, any elector, either by menaces or
reward, or promise thereof, to vote differently from what such elector
intended or desired to vote, is guilty of a misdemeanor, and is punish-
able by a fine not exceeding One Thousand Dollars, or imprisonment not
to exceed one year, or both.
Section 10758. Every person who falsely makes, or fraudulently de-
faces or destroys, the certificates of nomination of candidates for office,
to be filled by the electors at any election, or any part thereof, or files
or receives for filing any certificate of nomination, knowing the same,
or any part thereof, to be falsely made, or suppresses any certificate
of nomination, which has been duly filed, or any part thereof, or forges
or falsely makes the official endorsement on any ballot, is guilty of a
felony, and upon conviction thereof is punishable by imprisonment in
the state prison not less than one nor more than five years.
Section 10759. Every officer or clerk of election who deposits in a
ballot-box a ballot on which the official stamp, as provided by law, does
not appear, or does any electioneering on election day, is guilty of a
ELECTION LAWS OF MONTANA 211
misdemeanor, and upon conviction is punishable by imprisonment not
to exceed six months, or by a fine not less than Fifty nor more than
Five Hundred Dollars, or both.
Section 10760. Every person who, during an election, removes or
destroys any of the supplies or other conveniences placed in the booths
or compartments for the purpose of enabling a voter to prepare his bal-
lot, or prior to or on the day of election wilfully defaces or destroys any
list of candidates posted in accordance with the provisions of law, or
during an election tears down or defaces the cards printed for the in-
struction of voters, or does any electioneering on election day within
any polling-place or any building in which an election is being held, or
within twenty-five feet thereof, or obstructs the doors or entries thereof,
or removes any ballot from the polling-place before the closing of the
polls, or shows his ballot to any person after it is marked so as to reveal
the contents thereof, or solicits an elector to show his ballot after it is
marked, or places a mark on his ballot by which it may afterwards be
identified, or receives a ballot from any other person than one of the
judges of the election having charge of the ballots, or votes or offers to
vote any ballot except such as he has received from the judges of elec-
tion having charge of the ballots, or does not return the ballot before
leaving the polling-place, delivered to him by such judges, and which he
has not voted, is guilty of a misdemeanor, and is punishable by a fine
not exceeding One Hundred Dollars.
Section 10761. Every person who, with the intention to promote the
election of himself or any other person, either:
1. Furnishes entertainments, at his expense, to any meeting of elec-
tors previous to or during an election;
2. Pays for, procures, or engages to pay for any such entertain-
ment;
3. Furnishes or engages to pay any money or property for the pur-
pose of procuring the attendance of voters at the polls, or for the pur-
pose of compensating any person for procuring the attendance of voters
at the polls, except for the conveyance of voters who are sick or infirm;
4. Furnishes or engages to pay or deliver any money or property
for any purpose intended to promote the election of any candidate, ex-
cept for the expenses of holding and conducting public meetings for the
discussion of public questions, and of printing and circulating ballots,
hand bills, and other papers, previous to such election; is guilty of a
misdemeanor.
Section 10762. Every person who, being a candidate at any election,
offers, or agrees to appoint or procure, the appointment of any particu-
lar person to office, as an inducement or consideration to any person to
vote for, or to procure or aid in procuring the election of such candidate,
is guilty of a misdemeanor.
Section 10763. Every person, not being a candidate, who communi-
cates any offer, made in violation of the last section, to any person, with
212 ELECTION LAWS OF MONTANA
intent to induce him to vote for, or to procure or to aid in procuring the
election of the candidate making the offer, is guilty of a misdemeanor.
Section 10764. Every person who gives or offers a bribe to any offi-
cer or member of any legislative caucus, political convention, or political
gathering of any kind, held for the purpose of nominating candidates
for offices of honor, tinast, or profit, in this state, with intent to influ-
ence the person to whom such bribe is given or offered to be more favor-
able to one candidate than another, and every person, member of either
of the bodies in this section mentioned, who receives or offers to receive
any such bribe, is punishable by imprisonment in the state prison not
less than one nor more than fourteen years.
Section 10765. Every person who, by threats, intimidations, or vio-
lence, wilfully hinders or prevents electors from assembling in public
meeting for the consideration of public questions, is guilty of a misde-
meanor.
Section 10766. Every person who wilfully disturbs or breaks up any
public meeting of electors or others, lawfully being held for the purpose
of considering public questions, or any public school or public school meet-
ing, is guilty of a misdemeanor.
Section 10767. Every person who makes, offers, or accepts any bet
or wager upon the result of any election, or upon the success or failure
of any person or candidate, or upon the number of votes to be cast,
either in the aggregate or for any particular candidate, or upon the
vote to be cast by any person, is guilty of a misdemeanor.
Section 10768. Every person who wilfully violates any of the provi-
sions of the laws of this state relating to elections is, unless a different
punishment for such violation is prescribed by this Code, punishable by
fine not exceeding One Thousand Dollars, or by imprisonment in the
state prison not exceeding five years, or both.
Section 10769. The following persons shall be deemed guilty of brib-
ery, and shall be punished by a fine not exceeding One Thousand Dollars,
and imprisonment in the penitentiary not exceeding one year:
1. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, lends, or agrees to give or lend, or
offers or promises, any money or valuable consideration, or promise to
procure, or endeavors to procure any money or valuable consideration
to or for any election, or to do for any person on behalf of any elector,
or to or for any person, in order to induce any elector to vote or refrain
from voting, or corruptly does any such act as aforesaid;
2. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, or procures, or agrees to give or pro-
cure, or offers or promises, any office, place, or employment, to oi- for
any elector, or to or for any other person, in order to induce such elector to
vote or refrain from voting, or corruptly does any such act as aforesaid,
on account of any elector having voted or refrained from voting at any
election;
ELECTION LAWS OF MONTANA 213
3. Every person who, directly or indirectly, by himself or by any
other persons on his behalf, makes any gift, loan, offer, promise, pro-
curement, or agreement as aforesaid, to or for any person, in order to
induce such person to procure or endeavor to procure the return of any
person to serve in the Legislative Assembly, or the vote of any elector
at any election:
4. Every person who, upon or in consequence of any such gift, loan,
offer, promise, procurement, or agreement, procures or promises, or
endeavors to procure, the election of any candidate to the Legislative
Assembly, or the vote of any elector at any election;
5. Every person who advances or pays, or causes to he paid, any
money to, or to the use of any other person, with the intent that such
money or any part thereof, shall be expended in bribery, or in corrupt
practices, at any election, or who knowingly pays, or causes to he paid,
any money to any person in discharge or repayment of any money wholly
or in part expended in bribery or corrupt practices at any election;
6. Every elector who, before or during any election, directly or indi-
rectly, by himself or any other person on his behalf, receives, agrees, or
contracts for any money, gift, loan, valuable consideration, office, place,
or employment, for himself or any other person, for voting or agreeing
to vote, or for refusing or agreeing to refrain from voting at any elec-
tion;
7. Every person who, after any election, directly or indirectly, by
himself or by any other person in his behalf, receives any money, gift,
loan, valuable consideration, office, place, or employment, for having
voted or refrained from voting, or having induced any other person to
vote or refrain from voting at any election;
8. Every person, whether an elector or otherwise, who, before or
during any election, directly or indirectly, by himself or by any other
person on his behalf, makes approaches to any candidate or agent, or
any person representing or acting on behalf of any candidate at such
election, and asks for, or offers to agree or contract for, any money,
gift, loan, valuable consideAtion, office, place, or employment for him-
self or any other person, for voting or agreeing to vote, or for refrain-
ing or agreeing to refrain from voting at such election;
&. Every person, whether an elector or otherwise, who, after an
election, directly or indirectly, by himself or by any other person on his
behalf, makes approaches to any candidate, or any agent or person rep-
resenting or acting on behalf of any candidate, and asks for or offers to
receive any money, gift, loan, valuable consideration, office, place, or
employment, for himself or any other person, for having voted or re-
frained from voting, or having induced any other person to vote or
refrain from voting at such election;
10. Every person who, in order to induce a person to allow himself
to be nominated as a candidate, or to refrain from becoming a candidate,
or to withdraw if he has so become, gives or lends any money or valuable
consideration whatever, or agrees to give or lend, or offers or promises
any such money or valuable consideration, or promises to procure or try
214 ELECTION LAWS OF MONTANA
to procure, or tries to procure, for such person, or for any other person,
any money or valuable consideration;
11. Every person vi^ho, for the purpose and with the intent in the
last preceding subsection mentioned, gives or procures any office, place,
or employment, or agrees to give, or procure or offers or promises, such
office, place, or employment, or endeavors to procure, or promises to
procure or to endeavor to procure, such office, place, or employment, to
or for such person or any other person;
12. Every person w^ho, in consideration of any gift, loan, offer, prom-
ise, or agreement, as mentioned in the two last preceding subsections,
allows himself to be nominated, or refuses to allow himself to be nomi-
nated, as a candidate at an election, or withdraws if he has been so
nominated;
13. Every elector, candidate for nomination, nominee, or political
committee who shall pay, or offer to pay, the fee for any person who
is about to, or has made his declaration of intention, or has taken out,
or is about to take out, his final papers as a citizen of the United States;
and every person who receives any money or other valuable thing to pay
such fee, or permits the same to be paid for him.
Section 10770. It shall be unlawful for any employer, in paying his
employees the salary or wages due them, to enclose their pay in "pay
envelopes" upon which there is written or printed the name of any can-
didate or political mottoes, devices, or arguments containing threats or
promise, express or implied, calculated or intended to influence the polit-
ical opinions or actions of such employees. Nor shall it be lavrful for an
employer, within ninety days of an election, to put up or otherwise ex-
hibit in his factory, workshop, or other establishment or place where
his workmen or employees may be working, any hand bill or placard
containing any threat or promise, notice, or information, that in case
any particular ticket or political party, or organization, or candidate,
shall be elected, work in his place or establishment will cease, in whole
or in part, or shall be continued or increased, or his place or establish-
ment be closed up, or the salaries or wages of his woi-kmen or employees
be i-educed or increased, or other threats, or promises, express or implied,
intended or calculated to influence the political opinions or actions of
his workmen or employees. This section shall apply to corporations as
well as individuals, and any person violating the provisions of this
section is guilty of a misdemeanor, and shall be punished by a fine of
not less than Twenty-five Dollars nor more than Five Hundred Dollars,
and imprisonment not exceeding six months in the county jail, and any
corporation violating this section shall be punished by a fine not to
exceed Five Thousand Dollars, or forfeit its charter, or both such fine
and forfeiture.
Section 10771. All fines imposed and collected under the preceding
sections shall be paid into the county treasury for the benefit of the
common schools of the county in which the offense was committed.
Section 10772, If it be proved before any court for the trial of elec-
ELECTION LAWS OF MONTANA 215
tion contests or petitions that any corrupt practice has been committed,
by or with the actual knowledge and consent of any candidate at an
election, if he has been elected, such election shall be void, and shall be
so adjudged.
CORRUPT PRACTICES ACT
Section 10773. No sums of money shall be paid, and no expenses
authorized or incurred, by or on behalf of any candidate to be paid by
him, except such as he may pay to the state for printing, as herein pro-
vided, in his campaign for nomination to any public office or position
in this state, in excess of fifteen per cent, of one year's compensation
or salary of the office for which he is a candidate; provided, that no
candidate shall be restricted to less than one hundred dollars in his cam-
paign for such nomination. No sums of money shall be paid, and no
expenses authorized or incurred, contrary to the provisions of this Act,
for or on behalf of any candidate for nomination. For the purposes of
this law, the contribution, expenditure, or liability of a descendant,
ascendant, brother, sister, uncle, aunt, nephew, niece, wife partner, em-
ployer, employee, or fellow official or fellow employee of a corporation,
shall be deemed to be that of the candidate himself.
Section 10774. No sums of money shall be paid and no expenses
authorized or incurred by or on behalf of any candidate who has received
the nomination to any public office or position in this state, except such
as he may contribute towards payment for his political party's or inde-
pendent statement in the pamphlet herein provided for, to be paid by
him in his campaign for election, in excess of ten per cent, of one year's
salary or compensation of the office for which he is nominated; pro-
vided, that no candidate shall be restricted to less than one ' hundred
dollars. No sum of money shall be paid and no expenses authorized or
incurred by or on behalf of any political party or organization to pro-
mote the success of the principles or candidates of such party or organ-
ization, contrary to the provisions of this Act. For the purposes of this
Act, the contribution, expenditure, or liability of a descendant, ascend-
ant, brother, sister, uncle, aunt, nephew, niece, wife, partner, employer,
employee, or fellow official or fellow employee of a corporation, shall
be deem.ed to be that of the candidate himself.
Section 10775. Terms used in this Act shall be construed as follows,
unless other meaning is clearly apparent from the language or context,
or unless such construction is inconsistent with the manifest intent of
the law:
"Persons" shall apply to any individual, male or female, and, where
consistent with collective capacity, to any committee, firm, partnership,
club, organization, association, corporation, or other combination of indi-
viduals.
"Candidate" shall apply to any person whose name is printed on an
official ballot for public office, or whose name is expected to be or has
been presented for public office, with his consent, for nomination or
election.
216 ELECTION LAWS OF MONTANA
"Political agent" shall apply to any person who, upon request or
under agreement, receives or disburses money in behalf of a candidate.
"Political committee" shall apply to every combination of two or
more persons who shall aid or promote the success or defeat of a candi-
date, or a political party or principle, and the provisions of law relating
thereto shall apply to any firm or partnership, to any corporation, and
to any club, organization, association, or other combination of persons,
whether incorporated or not, with similar purposes, whether primary
or incidental.
"Public office" shall apply to any national, state, county, or city
office to which a salary attaches and which is filled by the voters, as
well as to the office of presidential elector. United States senator, or
presiding officer of either branch of the legislature.
"Give," "provide," "expend," "contribute," "receive," "ask," "solicit,"
and like terms, with their corresponding nouns, shall apply to money,
its equivalent, or any other valuable thing; shall include the promise,
advance deposit, borrowing, or loan thereof, and shall cover all or any
part of a transaction, whether it be made directly or indirectly.
None of the provisions of this Act shall be construed as relating to
the rendering of services by speakers, writers, publishers, or others, for
which no compensation is asked or given; nor to prohibit expenditure
by committees of political parties or organizations for public speakers,
music, halls, lights, literature, advertising, office rent, printing, postage,
clerk hire, challengers or watchers at the polls, traveling expenses,
telegraphing or telephoning, or making of poll-lists.
Section 10776. Every candidate for nomination or election to public
office, including candidates for the office of senator of the United States,
shall, within fifteen days after the election at which he was a candidate,
file with the Secretary of State if a candidate for senator of the United
States, representative in congress, or for any state or district office in
a district composed of one or more counties, or for members of the legis-
lative assembly from a district composed of more than one county, but
with the County Clerk for legislative districts composed of not more than
one county, and for county and precinct offices, and with the City Clerk,
Auditor, or Recorder of the town or city in which he resides, if he was
a candidate for a town, city, or ward office, an itemized sworn state-
ment setting forth in detail all the moneys contributed, expended, or
promised by him to aid and promote his nomination or election, or both,
as the case may be, and for the election of his party candidates, and all
existing unfulfilled promises of every character, and all liabilities re^
maining uncancelled and in force at the time such statement is made,
whether such expenditures, promises, and liabilities were made or incur-
red before, during, or after such election. If no money or other valuable
thing was given, paid, expended, contributed, or promised, and no un-
fulfilled liabilities were incurred by a candidate for public office to aid
or promote his nomination or election, or the election of his party candi-
dates, he shall file a statement to that effect within fifteen days after
the election at which he was a candidate. Any candidate who shall fail
ELECTION LAWS OF MONTANA 217
to file such a statement shall be lined twenty-five dollars for every day
on which he was in default, unless he shall be excused by the court.
Fiftten days after any such election the Secretary of State, or County
Clerk, City Clerk, Auditor, or Recorder, as the case may be, shall notify
the County Attorney of any failure to file such a statement on the part of
any candidate, and within ten days thereafter such prosecuting officer
shall proceed to prosecute said candidate for such offense.
Section 10777. Every political committee shall have a treasurer, who
is a voter, and shall cause him to keep detailed accounts of all its receipts,
payments, and liabilities. Similar accounts shall be kept by every per-
son, who in the aggregate receives or expends money or incurs liabilities
to the amount of more than fifty dollars for political purposes, and by
every political agent and candidate. Such accounts shall cover all trans-
actions in any way affecting or connected with the political canvass,
campaign, nomination, or election concerned. Every person receiving
or expending money or incurring liability by authority or in behalf of
or to promote the success or defeat of such committee, agent, candidate,
or other person or political party or organization, shall, on demand, and
in any event within fourteen days after such receipt, expenditure, or
incuri'ence of liability, give such treasurer, agent, candidate, or other
person on whose behalf such expense or liability was incurred detailed
account thereof, with proper vouchers. Every payment, except payments
less in the aggregate than five dollars to any person, shall be vouched
for by a receipted bill stating the particulars of expense. Every voucher,
receipt, and account hereby required shall be a part of the accounts and
files of such treaswer, agent, candidate, or other person, and shall be
preserved by the public officer with whom it shall be filed for six
months after the election to which it refers. Any person not a candidate
for any office or nomination who expends money or value to an amount
greater than fifty dollars in any campaign for nomination or election,
to aid in the election or defeat of any candidate or candidates, or party
ticket, or measure before the people, shall, within ten days after the
election in which said money or value was expended, file with the Sec-
retary of State in the case of a measure voted upon by the people, or
of state or district offices for districts composed of one or more coun-
ties, or with the County Clerk for county offices, and with the City
Clerk, Auditor, or Recorder for municipal offices, an itemized statement
of such receipts and expenditures and vouchers for every sum paid in
excess of five dollars, and shall at the same time deliver to the candi-
date or treasurer of the political organization whose success or defeat
he has sought to promote, a duplicate of such statement and a copy of
such vouchers. The books of account of every treasurer of any political
party, committee, or organization, during an election campaign, shall
be open at all reasonable office hours to the inspection of the treasurer
and chairman of any opposing political party or organization for the
same electoral district; and his right of inspection may be enforced by
writ of mandamus by any court of competent jurisdiction.
218 ELECTION LAWS OF MONTANA
Section 10778. The Secretary of State shall, at the expense of the
state, furnish to the County Clerk, and to the City and Town Clerks,
Auditors, and Recorders, copies of this Act as a part of the election laws.
In the filing of a nomination petition or certificate of nomination, the
Secretary of State, in the case of state and district offices for districts
composed of one or more counties, and County Clerks for county offices,
and the City and Town Clerks, Auditors, or Recorders for municipal
offices, shall transmit to the several candidates, and to the treasurers
of political committees, and to political agents, as far as they may be
known to such officer, copies of this Act, and also to any other person
required to file a statement; such copies shall be furnished upon applica-
tion therefor. Upon his own information, or at the written request of
any voter, said Secretary of State shall transmit to any other person
believed by him or averred to be a candidate, or who may otherwise be
required to make a statement, a copy of this Act.
Section 10779. The several officers with whom statements are re-
quired to be filed shall inspect all statements of accounts and expenses
relating to nominations and elections filed with them within ten days
after the same are filed; and if, upon examination of the official ballot,
it appears that any person has failed to file a statement as required by
law, or if it appears to any such officer that the statement filed with
him does not conform to law, or upon complaint in writing by a candi-
date or by a voter that a statement filed does not conform to law or to
the truth, or that any person has failed to file a statement which he is by
law required to file said officer shall foi-thwith in writing notify the de-
linquent person. Every such complaint filed by a citizen or candidate shall
state in detail the grounds of objection, shall be sworn to by the complain-
ant, and shall be filed with the officer within sixty days after the filing of
the statement or amended statement. Upon the written request of a
candidate or any voter, filed within sixteen days after any convention,
primary, or nominating election, said Secretary of State, County Clerk,
City or Town Clerk, Auditor, or Recorder, as the case may be, shall
demand from any specified person or candidate a statement of all his
receipts, and from whom received, disbursements and liabilities in con-
nection with or in any way relating to the nomination or election con-
cemed, whether it is an office to which a salary or compensation is
attached or not, and said person shall thereupon be required to file such
statement and to comply with all the provisions relating to statements
herein contained. Whoever makes a statement required by this Act shall
make oath attached thereto that it is in all respects correct, complete,
and true, to the best of his knowledge and belief, and said verification
shall be substantially the form herein provided.
Section 10780. Upon the failure of any person to file a statement
within ten days after receiving notice, under the preceding section, or
if any statement filed as above discloses any violation of any provision
of this Act relating to corrupt practices in elections, or in any other
provision of the election laws, the Secretary of State, the County Clerk,
or the City Clerk, Auditor, or Recorder, as the case may be, shall forth-
ELECTION LAWS OF MONTANA _ 219
with notify the County Attorney of the county where said violation
occurred, and shall furnish him with copies of all papers relating there-
to, and said County Attorney shall, within sixty days thereafter, exam-
ine every such case, and if the evidence seems to him to be sufficient
under the provisions of this Act, he shall, in the name of the state,
forthwith institute such civil or criminal proceedings as may be appro-
priate to the facts.
Section 10781. The district court of the county in which any state-
ment of accounts and expenses relating to nominations and elections
should be filed, unless herein otherwise provided, shall have exclusive
original jurisdiction of all violations of this Act, and may compel any
person who fails to file such a statement as required by this Act, or who
files a statement which does not conform to the provisions of this Act
in respect to its truth, sufficiency in detail, or otherwise, to file a suffi-
cient statement, upon the application of the Attorney-General or of the
County Attorney, or the petition of a candidate or of any voter. Such
petition shall be filed in the district court vdthin sixty days after such
election if the statement was filed within the fifteen days required, but
such a petition may be filed within thirty days after any payment not
included in the statement so filed.
Section 10782. All statements shall be preserved for six months after
the election to which they relate, shall be public records subject to public
inspection, and it shall be the duty of the officers having custody of the
same to give certified copies thereof in like manner as of other public
records. The totals of each statement, filed with him, with the name of
the person or candidate filing it, shall be published in the next annual
report of the Secretary of State, the County Clerk, or the City Clerk,
Auditor, or Recorder, as the case may be.
Section 10783. No person shall make a payment of his own money
or of another person's money to any other person in connection with
a nomination or election in any other name than that of the person who
in truth supplies such money; nor shall any person knowingly receive
such payment, or enter, or cause the same to be entered, in his accounts
or records in another name than that of the person by whom it was
actually furnished; provided, if the money be received from the treasurer
of any political organization, it shall be sufficient to enter the same as
received from said treasurer.
Section 10784. No person shall, in order to aid or promote his nomi-
nation or election, directly or indirectly, himself or through any other
person, promise to appoint another person, or promise to secure or aid
in securing the appointment, nomination, or election of another person
to any public or private position or employment, or to any position of
honor, trust, or emolument, except that he may publicly announce or
define what is his choice or purpose in relation to any election in which
he may be called to take part, if elected, and if he is a candidate for
nomination or election as a member of the legislative assembly, he may
pledge himself to vote for the people's choice for United States senator,
or state what his action will be on such vote.
220 ELECTION LAWS OF MONTANA
Section 10785. No holder of a public position or office, other than an
office filled by the voters, shall pay or contribute to aid or promote the
nomination or election of any other person to public office. No person
shall invite, demand, or accept payment or contribution from such holder
of a public position or office for campaign purposes.
Section 10786. No holder of a public position, other than an office
filled by the voters, shall be a delegate to a convention for the election
district that elects the officer or board under whom he directly or indi-
rectly holds such position, nor shall he be a member of a political com-
mittee for such district.
Section 10787. No person shall invite, offer, or effect the transfer
of any convention credentials in return for any payment of money or
other valuable thing.
Section 10788. No person shall pay, or promise to reward another,
in any manner or form, for the purpose of inducing him to be or refrain
from or cease being a candidate, and no person shall solicit any pay-
ment, promise, or reward from another for such purpose.
Section 10789. No person shall demand, solicit, ask, or invite any
payment or contribution for any religious, political, charitable, or other
cause or organization supposed to be primarily or principally for the
public good from a person who seeks to be or has been nominated or
elected to any office; and no such candidate or elected person shall
make any such payment or contribution if it shall be demanded or asked
during the time he is a candidate for nomination or election to or an
incumbent of any office. No payment or contribution for any purpose
shall be made a condition precedent to the putting of a name on any
caucus or convention ballot or nomination paper or petition, or to the
performance of any duty imposed by law on a political committee. No
person shall demand, solicit, ask, or invite any candidate to subscribe to
the support of any club or organization, to buy tickets to any entertain-
ment or ball, or to subscribe for or pay for space in any book, program,
periodical, or other publication; if any candidate shall make any such
payment or contribution with apparent hope or intent to influence the
result of the election, he shall be guilty of a corrupt practice; but this
section shall not apply to the soliciting of any business advertisement
for insertion in a periodical in which such candidate was regularly
advertising prior to his candidacy, nor to ordinary business advertising,
nor to his regular payment to any organization, religious, charitable,
or otherwise, of which he may have been a member, or to which he may
have been a contributor, for more than six months before his candidacy,
nor to ordinary contributions at church sei'vices.
Section 10790. No corporation, and no person, trustee, or trustees
owning or holding the majority of the stock of a corporation carrying
on the business of a bank, savings bank, co-operative bank, trust, trustee,
surety, indemnity, safe deposit, insurance, railroad, street railway, tele-
graph, telephone, gas, electric light, heat, power, canal, aqueduct, water,
cemetery, or crematory company, or any company having the right to
ELECTION LAWS OF MONTANA 221
take or condemn land, or to exercise franchise in public ways granted
by the state or by any county, city, or town, shall pay or contribute in
order to aid, pi-omote, or prevent the nomination or election of any per-
son, or in order to aid or promote the interests, success, or defeat of any
political party or organization. No person shall solicit or receive such
payment or contribution from such corporation or such holders of a
. majority of such stock.
Section 10791. Any person or candidate who shall, either by himself
or by any other person, either before or after an election, or while such
person or candidate is seeking a nomination or election, dii-ectly or indi-
rectly, give or provide, or pay, wholly or in part, the expenses of giving
or providing any meat or drink, or other entertainment or provision,
clothing, liquor, cigars, or tobacco, to or for any person for the purpose
of or with intent or hope to influence that person or any other person,
to give or refrain from giving his vote at such election to or for any
candidate or political party ticket, or measure before the people, or on
account of such persons, or any other person, having voted or refrained
from voting for any candidate or the candidates of any political party
or organization or measure before the people, or being about to vote or
refrain from voting at such election, shall be guilty of treating. Every
elector who accepts or takes any such meat, drink, entertainment, pro-
vision, clothing, liquors, cigars, or tobacco, shall also be guilty of treat-
ing; and such acceptance shall be a ground of challenge to his vote and
of rejecting his vote on a contest.
Section 10792. Whenever any person's right to vote shall be chal-
lenged, and he has taken the oath prescribed by the statutes, and if it
is at a nominating election, then it shall be the duty of the clerks of
election to write in the poll-books at the end of such person's name the
words "challenged and sworn," with the name of the challenger. There-
upon the chairman of the board of judges shall write upon the back of
the ballot offered by such challenged voter the number of his ballot, in
order that the same may be identified in any future contest of the results
of the election, and be cast out if it shall appear to the court to have
been for any reason wrongfully or illegally voted for any candidate or
on any question. And such marking of the name of such challenged
voter, nor the testimony nor the testimony of any judge or clerk of
election in reference thereto, or in reference to the manner in which
said challenged person voted, if said testimony shall be given in the
course of any contest, investigation, or trial wherein the legality of the
vote of such person is questioned for any reason, shall not be deemed
a violation of Section 10753 of this Code.
Section 10793. Every person who shall, directly or indirectly, by
himself or any other person in his behalf, make use of or threaten to
make use of any force, coercion, violence, restraint, or undue influence,
or inflict or threaten to inflict, by himself or any other person, any
temporal or spiritual injury, damage, harm, or loss upon or against any
person in order to induce or compel such person to vote or refrain from
voting- for any candidate, or the ticket of any political party, or any
222 ELECTION LAWS OF MONTANA
measure before the people, or any person who, being a minister, preacher,
or priest, or any officer of any church, religious or other corporation
or organization, otherwise than by public speech or print, shall urge,
persuade, or command any voter to vote or refrain from voting for or
against any candidate or political party ticket or measure submitted to
the people, for or on account of his religious duty, or the interest of any
corporation, church, or other organization, or who shall by abduction,
duress, or any fraudulent contrivance, impede or prevent the free exer-
cise of the franchise by any voter at any election, or shall thereby com-
pel, induce, or prevail upon any elector to give or to refrain from giving
his vote at any election, shall be guilty of undue influence, and shall
be punished as for a corrupt practice.
Section 10794. Any candidate who, before or during any election
campaign, makes any bet or wager of anything of pecuniary value, or
in any manner becomes a party to any such bet or wager on the result
of the election in his electoral district, or in any part thereof, or on any
event or contingency relating to any pending election, or who provides
money or other valuables to be used by any person in betting or wager-
ing upon the results of any impending election, shall be guilty of a cor-
rupt practice. Any person who, for the purpose of influencing the result
of any election, makes any bet or wager of anything of pecuniary value
on the result of such election in his electoral district, or any part thereof,
or any pending election, or on any event or contingeny relating thereto,
shall be guilty of a corrupt practice, and in addition thereto any such
act shall be ground of challenge against his right to vote.
Section 10795. Any person shall be deemed guilty of the offense of
personation who, at any election, applies for a ballot in the name of
some other person, whether it be that of a person living or dead, or of
a fictitious person, or, who having voted once at an election, applies at
the same election for a ballot in his own name; and on conviction thereof
such person shall be punished by imprisonment in the penitentiary at
hard labor for not less than one nor more than three years.
Section 10796. Any person shall be guilty of a corrupt practice,
within the meaning of this Act, if he expends any money for election
purposes contrary to the provisions of any statute of this state, or if
he is guilty of treating, undue influence, personation, the giving or
promising to give, or offer of any money or valuable thing to any elector,
with intent to induce such elector to vote for or to refrain from voting
for any candidate for public office, or the ticket of any political party
or organization, or any mieasure submitted to the people, at any election,
or to register or refrain from registering as a voter at any state, dis-
trict, county, city, town, village, or school district election for public
offices or on public measures. Such corrupt practice shall be deemed
to be prevalent when instances thereof occur in different election dis-
tricts similar in character and sufficient in number to convince the court
before which any case involving the same may be tried that they were
general and common, or were pursuant to a general scheme or plan.
ELECTION LAWS OF MONTANA 223
Section 10797. It shall be unlawful for any person to pay another
for any loss or damage due to attendance at the polls, or in registering,
or for the expense of transportation to or from the polls. No person
shall pay for personal service to be performed on the day of a caucus,
primary, convention, or any election, for any purpose connected there-
with, tending in any way. directly or indirectly, to affect the result
thereof, except for the hiring of persons whose sole duty is to act as
challengers and watch the count of official ballots. No person shall buy,
sell, give, or provide any political badge, button, or other insignia to be
worn at or about the polls on the day of any election, and no such polit-
ical badge, button, or other insignia shall be worn at or about the polls
on any election day.
Section 10798. No publisher of a newspaper or other periodical shall
insert, either in its advertising or reading columns, any paid matter
which is designed or tends to aid, injure, or defeat any candidate or any
political party or organization, or measure before the people, unless it
is stated therein that it is a paid advertisement, the name of the chair-
man or secretary, or the names of the other officers of the political or
other organization inserting the same, or the name of some voter who
is responsible therefor, with his residence and the street number thereof,
if any, appear in such advertisement in the nature of a signature. No
person shall pay the owner, editor, publisher, or agent of any newspaper
or other periodical to induce him to editorially advocate or oppose any
candidate for nomination or election, and no such owner, editor, pub-
lisher, or agent shall accept such payment. Any person who shall violate
any of the provisions of this section shall be punished as for a corrupt
practice.
Section 10799. It shall be unlawful for any person at any place on
the day of any election to ask, solicit, or in any manner try to induce
or persuade any voter on such election day to vote for or refrain from
voting for any candidate, or the candidates or ticket of any political
party or organization, or any measure submitted to the people, and upon
conviction thereof he shall be punished by a fine of not less than Five
Dollars nor more than One Hundred Dollars for the first offense, and
for the second and each subsequent offense occurring on the same or
different election days, he shall be punished by a fine as aforesaid, or
by imprisonment in the county jail for not less than five nor more than
thirty days, or by both such fine and imprisonment.
Section 10800. It shall be unlawful to write, print, or circulate through
the mails or otherwise any letter, circular, bill, placard, or poster relating
to any election or to any candidate at any election, unless the same shall
bear on its face the name and address of the author, and of the printer
and publisher thereof; and any person writing, printing, publishing, cir-
culating, posting, or causing to be written, printed, circulated, posted,
or published any such letter, bill, placard, circular, or poster as afore-
said, which fails to bear on its face the name and address of the author
and of the printer or publisher, shall be guilty of an illegal practice, and
shall on conviction thereof be punished by a fine of not less than Ten
224 ELECTION LAWS OF MONTANA
Dollars nor more than One Thousand Dollars. If any letter, circular,
poster, bill, publication, or placard shall contain any false statement or
charges reflecting on any candidate's character, morality, or integrity,
the author thereof, and every person printing or knowingly assisting
in the circulation, shall be guilty of political criminal libel, and upon
conviction thereof shall be punished by imprisonment in the penitentiary
for not less than one year nor more than three years. If the person
charged with such crime shall prove on his trial that he had reasonable
ground to believe such charge was true, and did believe it was true, and
that he was not actuated by malice in making such publication, it shall
be a sufficient defense to such charge. But in that event, and as a part
of such defense, the author and the pi'inter or publisher or other person
charged with such crime, shall also prove that at least fifteen days
before such letter, circular, poster, bill, or placard containing such false
statement or statements was printed or circulated, he or they caused
to be served personally and in person upon the candidate to whom it
relates a copy thereof in writing, and calling his attention particularly
to the charges contained therein, and that, before printing, publishing,
or circulating such charges, he received and read any denial, defense,
or explanation, if any, made or offered to him in writing by the accused
candidate within ten days after the service of such charge upon the
accused person.
Section 10801. The name of a candidate chosen at a primary nomi-
nating election, or otherwise, shall not be printed on the official ballot
for the ensuing election, unless there has been filed by or on behalf of
said candidate the statements of accounts and expenses relating to nomi-
nations required by this Act, as well as a statement by his political
agent and by his political committee or committees in his behalf, if his
statement discloses the existence of such agent, committee or com-
mittees. The officer or board entrusted by law with the preparation of
the official ballots for any election shall, as far as practicable, warn
candidates of the danger of the omission of their names by reason of
this provision, but delay in making any such statement beyond the time
prescribed shall not preclude its acceptance or prevent the insertion of
the name on the ballot, if there is reasonable time therefor after the
receipt of such statements. Any such vacancy on the ballot shall be
filled by the proper committee of his political party in the manner au-
thorized by law, but not by the use of the name of the candidate who
failed to file such statements. No person shall receive a certificate of
election until he shall have filed the statements required by this Act.
Section 10802. It shall be unlawful for any person to accept, receive,
or pay money or any valuable consideration for becoming or for refrain-
ing from becoming a candidate for nomination or election, or by himself
or in combination with any other person or persons to become a candi-
date for the purpose of defeating the nomination or election of any other
person, and not with a bona fide intent to obtain the office. Upon com-
plaint made to any district court, if the judge shall be convinced that
any person has sought the nomination, or seeks to have his name pre-
ELECTION LAWS OF MONTANA 225
sented to the voters as a candidate for nomination by any political party,
for any mercenary or venal consideration or motive, and that his candi-
dacy for the nomination is not in good faith, the judge shall forthwith
issue his writ of injunction restraining the officer or officers whose
duty it is to prepare the official ballots for such nominating election
from placing the name of such person thereon as a candidate for nomi-
nation to any office. In addition thereto, the court shall direct the
County Attorney to institute criminal proceedings against such person
or persons for corrupt practice, and upon conviction thereof he and any
person or persons combining with him shall be punished by a fine of not
more than One Thousand Dollars, or imprisonment in the county jail
for not more than one year.
Section 10803. Where, upon the trial of any action or proceeding
under the provisions of this Act for the contest of the right of any per-
son declared nominated or elected to any office, or to annul or set aside
such nomination or election, or to remove a person from his office, it
appears from the evidence that the offense complained of was not com-
mitted by the candidate, or with his knowledge or consent, or was com-
mitted without his sanction or connivance, and that all reasonable means
for preventing the commission of such offense at such election were
taken by and on behalf of the candidate, or that the offense or offenses
complained of were trivial, unimportant, and limited in character, and
that in all other respects his participation in the election was free from
such offenses or illegal acts, or that any act or omission of the candi-
date arose from inadvertence or from accidental discalculation, or fi'om
some other reasonable cause of a like nature, and in any case did not
arise from any want of good faith, and under the circumstances it
seem.s to the court to be unjust that the said candidate shall forfeit his
nomination or office, or be deprived of any office of which he is the
incumbent, then the nomination or election of such candidate shall not
by reason of such offense or omission complained of be void, nor shall
the candidate be removed from or deprived of his office.
Section 10804. If, upon the trial of any action or proceeding under
the provisions of this Act, for the contesting of the right of any person
declared to be nominated to an office, or elected to an office, or to
annul and set aside such election, or to remove any person from his
office, it shall appear that such person was guilty of any corrupt prac-
tice, illegal act, or undue influence, in or about such nomination or
election, he shall be punished by being deprived of the nomination or
office, as the case may be, and the vacancy therein shall be filled in the
manner provided by law. The only exception to this judgment shall be
that provided in the preceding section of this Act. Such judgment shall
not prevent the candidate or officer from being proceeded against by
indictment or criminal information for any such act or acts.
Section 10805. Any action to contest the right of any person declared
elected to an office, or to annul and set aside such election, or to remove
from or deprive any person of an office of which he is the incumbent,
for any offense mentioned in this Act, must, unless a different time
226 ELECTION LAWS OF MOMTANA
be stated, be commenced within forty days after the return day of the
•election at which such offense was committed, unless the ground of the
action or proceeding is for the illegal payment of money or other valua-
ble thing subsequent to the filing of the statements prescribed by this
Act, in which case the action or proceeding may be commenced within
forty days after the discovery by the complaint of such illegal payment.
A contest of the nomination or office of governor or representative or
senator in congress must be commenced within twenty days after the
declaration of the result of the election, but this shall not be construed
to apply to any contest before the legislative assembly.
Section 10806. An application for filing a statement, payment of a
claim, or correction of an error or false recital in a statement filed, or
an action or proceeding to annul and set aside the election of any person
declared elected to an office, or to remove or deprive any person of his
office for an offense mentioned in this Act, or any petition to excuse
any person or candidate in accordance with the power of the court to
excuse as provided in Section 10803 of this Code, must be made or filed
in the district court of the county in which the certificate of his nomi-
nation as a candidate for the office to which he is declared nominated
or elected is filed, or in which the incumbent resides.
Section 10807. A candidate nominated or elected to an office, and
whose nomination or election thereto has been annulled and set aside
for any offense mentioned in this Act, shall not, during the period fixed
by law as the term of such office, be elected, or appointed to fill any
office or vacancy in any office or position of trust, honor, or emolument
under the laws of the State of Montana, or of any municipality therein.
Any appointment or election to any office or position of trust, honor,
or emolument, made in violation of or contrary to the provisions of this
Act shall be void.
Section 10808. If any County Attorney shall be notified by any offi-
cer or other person of any violation of any of the provisions of this Act
within his jurisdiction, it shall be his duty forthw^ith to diligently inquire
into the facts of such violation, and if there is reasonable ground for in-
stituting a prosecution, it shall be the duty of such County Attorney to
file a complaint or information in writing, before a court of competent
jurisdiction, charging the accused person with such offense; if any County
Attorney shall fail or refuse to faithfully perform any duty imposed upon
him by this Act, he shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall forfeit his office. It shall be the duty of the Coun-
ty Attorney under penalty of forfeiture of his office, to prosecute any and
all persons guilty of any violation of the provisions of this Act, the pen-
alty of which is fine or imprisonment, or both, or removal from office.
Section 10809. If, in any case of a contest on the ground of illegal
votes, it appears that another person than the one returned has the
highest number of legal votes, after the illegal votes have been elimi-
nated, the court must declare such person nominated or elected, as the
case may be.
ELECTION LAWS OF MONTANA 227
Section 10810. Any elector of the state, or of any political or munici-
pal division thereof, may contest the right of any person to any nomi-
nation or office for which such elector has the right to vote, for any of
the following causes:
1. On the ground of deliberate, serious, and material violation of
any of the provisions of this Act, or of any other provision of the law
relating to nominations or elections.
2. When the person whose right was contested was not, at the time
of the election, eligible to such office.
3. On account of illegal votes or an erroneous or fraudulent count or
canvass of votes.
Section 10811. Nothing in the third ground of contest specified in
the preceding section is to be so construed as to authorize a nomina-
tion or election to be set aside on account of illegal votes, unless it
appear, either that the candidate or nominee whose right is contested
had knowledge of or connived at such illegal votes, or that the number of
illegal votes given to the person whose right to the nomination or office
is contested, if taken from him, would reduce the number of his legal
votes below the number of votes given to some other person for the same
nomination or office, after deducting therefrom the illegal votes which
mky be shown to have been given to such other person.
Section 10812. When the reception of illegal votes is alleged as a
cause of contest, it shall be sufficient to state generally that in one or
more specified voting precincts illegal votes were given to the person
whose nomination or election is contested, which, if taken from him,
will reduce the number of his legal votes below the number of legal votes
given to some other person for the same office; but no testimony shall
be received of any illegal votes, unless the party contesting such election
deliver to the opposite party, at least three days before such trial, a
written list of the number of illegal votes, and by whom given, which
he intends to prove on such trial. The provision shall not prevent the
ccntentant from offering evidence of illegal vote not included in such
statement, if he did not know and by reasonable diligence was unable
to learn of such additional illegal votes, and by whom they were given,
before delivering such written list.
Section 10813. Any petition contesting the right of any person to a
nomination or election shall set forth the name of every person whose
election is contested, and the grounds of the contest, and shall not
thereafter be amended, except by leave of the court. Before any pro-
ceeding thereon the petitioners shall give bond to the state in such sum
as the court may order, not exceeding Two Thousand Dollars, with not
less than two sureties, who shall justify in the manner required of sure-
ties on bail-bonds, conditioned to pay all costs, disbursements, and attor-
ney's fees that may be awarded against him if he shall not prevail. If
the petitioner prevails, he may recover his costs, disbursements, and
reasonable attorney's fees against the contestee. But costs, disburse-
ments, and attorney's fees, in all such cases, shall be in the discretion
228 ELECTION LAWS OF MONTANA
of the court, and in case judgment is rendered against the petitioner,
it shall also be rendered against the sureties on the bond. On the filing
of any such petition, the clerk shall immemiately notify the judge of
the court, and issue a citation to the person whose nomination or office
is contested, citing them to appear and answer, not less than three nor
more than seven days after the date of filing the petition, and the court
shall hear said cause, and every such contest shall take precedence- over
all other business on the court docket, and shall be tried and disposed of
with all convenient dispatch. The court shall always be deemed in session
for the trial of such cases.
Section 10814. The petitioner (contestant) and the contestee may
appear and produce evidence at the hearing, but no person, other than
the petitioner and contestee, shall be made a party "to the proceedings
on such petition; and no person, other than said parties and their attor-
neys, shall be heard thereon, except by order of the court. If more than
one petition is pending, or the election of more than one person is con-
tested, the court may, in its discretion, order the cases to be heard to-
gether, and may apportion the costs, disbursements, and attorney's fees
between them, and shall finally determine all questions of law and fact,
save only that the judge may, in his discretion, impanel a jury to decide
on questions of fact. (In the case of a contested nomination or election
for senator or representative in the legislative assembly, or for senator
or representative in congress, the court shall forthwith certify its find-
ings to the Secretary of State, to be by him transmitted to the presiding
officer of the body in question.) In the case of other nominations or
elections, the court shall forthwith certify its decision to the board or
official issuing certificates of nomination or election, which board or
official shall thereupon issue certificates of nomination or election to
the person or persons entitled thereto by such decisions. If judgment of
ouster against a defendant shall be rendered, said judgment shall award
the nomination or office to the person receiving next the highest number
of votes, unless it shall be further determined in the action, upon appro-
priate pleading and proof by the defendant, that some act has been done
or committed which would have been ground in a similar action against
such person, had he received the highest number of votes for such nomi-
nation or office, for a judgment of ouster against him; and if it shall
be so determined at the trial, the nomination or office shall be by the
judgment declared vacant, and shall thereupon be filled by a new elec-
tion, or by appointment, as may be provided by law regarding vacancies
in such nomination or office. — Note: So much of the above section as is
enclosed in brackets was held unconstitutional in State ex rel Smith vs.
District Court, 50 Mont. 134.
Section 10815. In like manner as prescribed for the contesting of an
election, any corporation organized under the laws of or doing business
in the State of Montana may be brought into coui't on the ground of
deliberate, serious, and material violation of the provisions of this Act.
The petition shall be filed in the district court in the county where said
corporation has its principal office, or where the violation of law is
ELECTION LAWS OF MONTANA 229
averred to have been committed. The court, upon conviction of such
corporation, may impose a fine of not more than Ten Thousand Dollars,
or may declai'e a forfeiture of the charter and franchises of the corpora-
tion, if organized under the laws of this state, or if it be a foreign cor-
poration may enjoin said corporation from further transacting business
in this state, or by both such fine and forfeitui'e, or by both such fine
and injunction.
Section 10816. Whoever violates any provision of this Act, the pun-
ishment for which is not specifically provided by law, shall on conviction
thereof be punished by imprisonment in the county jail for not more
than one year, or by a fine of not more than Five Thousand Dollars,
or by both such fine and imprisonment.
Section 10817. Proceedings under this Act shall be advanced on the
docket upon request of either party for speedy trial, but the court may
postpone or continue such trial if the ends of justice may be thereby
more effectually secured, and in case of such continuance or postpone-
ment, the court may impose costs in its discretion as a condition thereof.
No petition shall be dismissed without the consent of the County Attor-
ney, unless the same shall be dismissed by the court. No person shall
be excused from testifying or producing papers or documents on the
ground that his testimony or the production of papers or documents
will tend to criminate him; but no admission, evidence or paper made
or advanced or produced by such person shall be offered or used against
him in any civil or criminal prosecution, or any evidence that is the direct
result of such evidence or information that he may have so given, except
in a prosecution for perjury committed in such testimony.
Section 10818. A petition or complaint filed under the provisions of
this Act shall be sufficient if it is substantially in the following form:
In the District Court of the Judicial District,
for the County of , State of Montana.
A. B. (or A. B. and C. D.), Contestants, vs. E. F., Contestee.
The petition of contestant (or contestants) above named alleges:
That an election was held (in the State, District, County, or City of
), on the .day of
, A. D. 19 , for the (nomination of a candidate
for) (or election of a) (state the office).
That and were
candidates at said election, and the Board of Canvassers has i-eturned
the said as being duly nominated (or elected)
at said election.
That Contestant A. B. voted (or had a right to vote, as the case may
be) at said election (or claims to have had a right to be returned as the
230 ELECTION LAWS OF MONTANA
nominee or officer elected or nominated at said election, or was a candi-
date at said election, as the case may be), and said Contestant C. D. (here
state in like manner the right of each contestant).
And said contestant (or contestants) further allege (here state facts
and grounds on which the contestants rely).
Wherefore, your contestants pray that it may be determined by the
court that said ..., was not duly
nominated (or elected), and that said election was void (or that the said
A. B. or C. D., as the case may be) was duly nominated (or elected),
and for such other and further relief as to the court may seem just and
legal in the premises.
Said complaint shall be verified by the affidavit of one of the peti-
tioners in the manner required by law for the verification of complaints
in civil cases.
Section 10819. The statement of expenses required from candidates
and others by this Act shall be in substantially the following form:
State of Montana, County of ss.
I, , having been a candidate (or
expended money) at the election for the (State) (District) (County)
(City) of , on the day of ,
A. D. 19 , being first duly sworn, on oath do say: That I have care-
fully examined and read the return of my election expenses and receipts
hereto attached, and to the best of my knowledge and belief that return
is full, correct, and ti'ue.
And I further state on oath that, except as appears from this return,
I have not, and to the best of my knowledge and belief no person, nor
any club, society, or association has on my behalf, whether authorized
by me or not, made any payment, or given, promised, or offered any
reward, office, employment, or position, public or private, or valuable
consideration, or incurred any liability on account of or in respect of
the conduct or management of the said nomination or election.
And I further state on oath that, except as specified in this return,
I have not paid any money, security or equivalent for money, nor has
any money or equivalent for money, to my knowledge or belief, been
paid, advanced, given, or deposited by any one to or in the hands of my-
self or any other person for my nomination or election, or for the pur-
pose of paying any expenses incurred on my behalf on account or in
respect of the conduct or management of the said election.
And I further state on oath that I will not, except so far as I may
be permitted by law, at any future time make or be a party to the mak-
ing or giving of any payment, reward, office, position, or employment,
or valuable consideration, for the purpose of defraying any such expenses
or obligations as herein mentioned for or on account of my nomination
ELECTION LAWS OF MONTANA 231
or election, or provide or be a party to the providing: of any money,
security, or equivalent for money for the purpose of defraying any such
expense.
(Signature of Affiant)
Subscribed and sworn to before me by the above-named ,
on the day of , A. D. 19
Attached to said affidavit shall be a full and complete account of the
receipts, contributions, and expenses of said affiant, and of his support-
ers of which he has knowledge, with numbered vouchers for all sums and
payments for w-hich vouchers are required as to all moneys expended by
affiant. The affidavit and account of the treasurer of any committee
or any political party or organization shall be, as nearly as may be, in
the same form, and so also shall be the affidavit of any person who has
received or expended money in excess of the sum of Fifty Dollars to aid
in securing the nomination or election or defeat of any candidate, or of
any political party or organization, or of any measure before the people.
Section 10820. Any person who shall knowingly make any false oath
or affidavit where an oath or affidavit is required by this law shall be
deemed guilty of perjury and punished accordingly.
ELECTION LAWS OF MONTANA 233
INDEX
Code
No. Page
ABSENT VOTER'S LAW— See sub-title, "Voting by Absent Electors"
APPORTIONMENT AND REPRESENTATION:
Constitutional Provisions "^9
Statutory Provisions ^ 44-48 18-19
BALLOT BOX, provided, description 604-606 44
BALLOT:
can not exhibit voted 693 69
disposition after challenge |J13 72
disposition of voted ''^^ ''^
elections shall be by 539 26
form and contents 681-82 66
judges must receive, disposition 701 70
official ballot stamp, delivery of 603 44
official only can be voted 693 69
receiving from judge only 694 69
should not remove from polling place 692 68
spoiled 698 70
voted, can not be exhibited 693 69
voted, disposition of 696 69
voted, entry on check list 703 70
voting of 696 69
BALLOTS :
arrangement of candidates upon 681 6o
color, printing, size 681 65
county clerk to provide printed 678 65
delivery to electors 695 69
delivered when 603 43
extra spaces provided 683 66
for special measures 686 67
how printed 684 67
identification marks prohibited 693 69
name, writing in on 678 65
numbering of 684 67
number for precinct 687 67
pasters for 684 67
printing and distribution 677 65
record of number supplied precincts 687 67
size and similarity , 685 6i
stubs, instructions 684 67
unofficial not counted 678 65
unvoted, returned to judges 693 69
BOND ISSUES: (See also Cities and Towns, County and School sub-
divisions.)
Restrained 90-tO 208
BOOTHS :
expense for providing -. 694 69
occupied by one person only 697 70
voter may remain how long 697 (0^
BRIDGES, PUBLIC:
bonds for construction of ]'}l Jr^
4713 lo3
^^-*^- rAt ]s>
levy, how collected 4716 153
tax levy, how made 4713-14 153
CANVASS AND RETURN OF VOTES:
ballots, stringing and enclosing in envelope 779 93
canvass to be public and without adjournment 774 93
clerk to file papers 789 95
counting and tallying votes 778 93
custody of returns '^84 94
duty of commissioners ^tt^- ^^!
excess ballots, destruction of 776 93
filing ballots and stubs 786 94
judges to keep certain papers and ballot-box 783 94
mode of canvassing 775 93
Poll-books, signature and certification 781 94
rejected ballots 780 94
234 ELECTION LAWS OF MONTANA
returns :
delivery to county clerk
disposal of, prior to canvass..
how made
keeping pending contest
what ballots to be counted
CANVASS OF RETURNS:
board to declare persons elected
certificates, issuance by clerk
county canvassing board :
absentees, supplies by, when
board, duty of
canvass to be public
postponement, when
recount, when had
sending for returns
to meet when
defects in returns
plurality to elect
return for joint members of house, duty of clerk receiving..
returns
how made
how transmitted
returns for state officers
how made
how transmitted
state board of canvassers
composition and meetings
governor to issue commissions ,
sending for returns
pay of messenger
statement of result to be entered
tie vote, proceedings on :
judicial officers
representative in congress
state officers
votes not to be rejected for informality
who declared elected
CERTIFICATES:
issued by county canvassing board .
of county officers
of election, issuance by clerk
CHALLENGES:
elector
grounds for
conviction of felony
how determined
judges to test qualifications of persons challenged..
list of, contents
oath
trial and proceedings
vote rejected when
Code
No.
Page
7S5
94
78S
95
782
94
787 ■
95
777
93
796
96
797
96
791
95
4516
147
793
96
792
95
796
96
792
87
790
95
806
98
795
96
SCO
97
798
96
799
97
801
97
802
97
803
97
805
97
804
97
804
97
794
96
812
98
809
98
810-11
98
793
96
796
96
4515
147
4516
147
797
101
584
40
706
71
709
71
710
72
573
37
714
72
707
71 72
711
72
712
72
4979
161
4979
161
CITIES AND TOWNS:
annexation of :
commissioners, appointment of and duties
election proceedings, filed where
bond elections :
canvass of returns chap. 160, sec. 12 175
percentage of voters required to authorize issuing
of bonds chap. 160, sec. 11 175
registration of electors chap. 160, sec. 10 175
resolution of board chap. 160, sec. 12 175
voters, who are chap. 160. sec. 10 174
BONDS:
ballots, form of chap. 16(1, sec. 9 174
certificate of city clerk on filing of petition chap. 160, sec. 6 173
election, canvass of and returns chap. 160, sec. 9 175
election, conduct of chap. IfiO, sec. 9 174
election, hours of chap. 160, sec. 8 174
notice of, contents, posting and publishing chap. 160, sec. 8 174
(lection officers chap. 160, sec. 8 174
incorporated cities and towns, providing for chap. 160 172 176
no election necessary for what class of „ chap. 160, sec. 5 172
ELECTION LAWS OF MONTANA 235
Code
No. Page
petition, circulators' qualifications chap. 160, sec. 6 173
petition, consideration and action chap. 160, sec. 7 173
petition for election, contents chap. 160. sec. 6 172
procedure to issue certain class of chap. 160, sec. 1 172
submission of question chap. 160, sec. 1 172
CLASSIFICATION AND ORGANIZATION 4961, 4979 160-161
COMMISSION FORM OF GOVERNMENT:
abandonment of plan, procedure 5397 187
election on 5397 187
petition for 5398 187
adoption of plan
ballots, form of 5369 178
by whom 5366 177
election, proclamation of 5368 178
order for election 5367 177
petition for submission to election 5367 177
resubmission of question, when 5370 178
result of election, certificate 5370 178
special election of officers
calling and notice 5371 178
conduct of 5372 179
council
beginning of term 5375 179
election and term 5376 179
number of 5374 179
vacancies in 5374 179
effect of act on existing laws 5399 188
elections
primarj' nominating elections 5377 180
regular election of officers 5376 179
special
of officers on organization 5371 178
on questions of organization 5367-5370 177-8
franchises, how granted 5388 183
submission to electors, when 5388 183
laws applicable to 5373 179
mayor
designation 5374 179
election and term 5375 179
5376 179
nomination of 5377 180
recall of 5394 184
vacancy in office, how filled 5374 179
oath of officers 5377 ISO
ordinances and resolutions
adoption of 5388 183
applicable, when 5373 179
appropriation ordinances 5388 183
effective, when 5396 186
granting franchises 5388 183
submission
by electors, procedure 5395 184
to electors 5395 184
5396 186
suspension of, how 5396 186
penalty for :
election offenses 5379 183
working for candidates 5378 183
petitions, by whom signed 5398 187
primary elections 5377 180
public utilities, grant of rights to 5388 183
recall of officers, procedure for 5394 184
suits not affected by 5373 179
territorial limits of cities 5373 179
vacancies in elective offices 5374 179
COMMISSION-MANAGER PLAN OF GOVERNMENT:
abandonment of plan
election on 5514 203
petition for 5514 203
procedure 5514 203
adoption of plan
ballots, form of 5403 188
by whom 5400 188
election, proclamation 5402 188
236 ELECTION LAWS OF MONTANA
Code
No. Page
petition and order 5401 188
resubmission of question, when 5404 189
special election of commissioners 5406 189
conduct of 5406 189
submission of question to electors 5401 188
bribery, penalty for 5428 198
commissioners
calling of special election of 5405 189
conduct of special election of 5406 189
contracts with county commissioners 5620 205
election of 6411 191
5417 196
meetings 5448 202
nomination of .'. 5414 192
number of '. 5410 191
oath and bond 5443 201
passes, receiving forbidden 5413 192
public utilities, extension of rights to 5501 203
qualifications of 5413 192
iiuorum 5446 201
recall of 5419 196
restrictions on 5413 192
salaries 5447 202
special meetings 5448 202
statement of election expenses 5418 196
streets, control of by 5496 202
term of office 5411 191
vacancies in office of 5412 191
vacation of office, when 5448 202
voting, ayes and noes 5446 201
elections
primary nominating 5414 192
ballots and voting 5415 194
candidates' names, arrangement of 5416 195
recall 5423 197
5425 197
regular 5411 155
5417 196
special
of commissioners 5405, 5406 189
of communities as municipalities 5408 189
on abandonment of plan 5514 203
on organization 5401-5404 1S8 189
franchises
exclusive not to be granted 5498 202
renewal of - 5497 202
to public utilities 5499 202
initiation of ordinance 5429 198
5435 199
laws
applicable to 5407 189
continued in force 5515 204
mayor
duties 5404,5444 189.201
election of 5444 201
salary 5447 207
selection of successor on recall 5445 201
vacancy in office of how filled 5444 201
meetings of commissioners 5448 202
municipalities, powers of 5409 190
new municipalities
name of 5518 204
property rights and indebtedness 5519 204
nomination of candidates 5414 203
oath and bond of commissioners 5443 201
ordinances and resolutions
effective, when 5436 199
emergency measures subject to referendum 5441 200
initiation of 5429 5435 198-99
proposals by petition, how 5429 198
filing and consideration 5431 199
signatures and affidavits 5430 198
submission to clerk 5432 199
electors 5431 199
reconsideration of ordinances 5437 200
referendum petitions, contents 5438 200
Highest vote prevails in case of conflict 5440 200
ELECTION LAWS OF MONTANA 237
Code
No. Page
ordinances subject to 5439 200
suspends action, when 5442 200
submission of repealing' ordinances .-. 5435 199
submission to electors, when 5433 199
ballot 5435 199
when deemed repealed 5437 200
when effective 5434 199
organization of municipalities
effect of 5!>17 204
election, of commissioners 5408 189
on 5408 189
name of new municipal district 5518 204
penalty for election offenses 5428 198
powers of municipalities 5409 190
primary elections, ballots and voting 5415 194
candidates, arrangement of names on ballot 5416 195
bribery 5428 198
election offenses, penalty for 5428 198
how nominated 5414 192
working for, forbidden 5427 198
conduct of 5415 194
nominating statement 5414 192
publication of names 5414 192
qualification of electors 5415 194
primary nominating elections 5414 192
public utilities, extension of service subject to referendum 5500 203
regulation of use of streets by 5499 202
renewal of franchise to 5497 202
publication of election expenses 5418 196
recall, election on 5423 197
ballots and voting 5424 197
majority vote, effect of 5425 197
nomination to fill vacancies 5424 197
notification of officer 5423 197
of commissioners, petition for 5419 196
petition papers 5420 196
assembling and filing 5422 197
limitation on filing 5426 198
signatures to 5421 196
referendum — see subtitle ordinances and resolutions 5429-5442 198-200
rental of county buildings 5520 205
repealing and saving clause 5516 204
salaries, commissioners 5447 202
mayor 5447 202
streets and highways 5498 202
ordinances to prescribe use by whom .' 5498 202
right to use, how granted 5496 202
ordinance, form and filing 5496 202
suits, effect on 5407 189
territorial limits 5407 189
vacancies in commission, how filled 5412 191
voting, how conducted 5446 201
working for candidates forbidden 5427 198
CONTRACTS, election on granting 5075 169
notice of 5076 169
franchise, election on granting 5076 169
how granted 5074 169
ordinance granting 5077 169
COUNCIL, city and town, duties 5001 162
Councilmen, duty to canvass 5012 164
Election certificates 5012 164
judges and clerks of 5011 163
municipal, when held 5003 162
returns, canvassed when 5012 164
supplies, preparation of chap. 47 205
FIRE DISTRICTS IN UNINCORPORATED TOWNS:
board of directors, who constitute 5149 169
bonds, election on issuance 5150 169
form and registration _ 5150 169
submission of questions of issuance 5149 169
FREE PUBLIC LIBRARIES:
election provided 5050 165
election to increase levy 5049 165
established how - , 5049 164
238
ELECTION LAWS OF MONTANA
library fund
referendum for .
tax levy, and how increased a
indebtedness
ballots, separate and contents
creation of c
election
canvass of returns
notice, posting and publication
electors, list of, posting
qualifications of
registration
levy, additional, certification if adopted
question of, submission
raising money by taxation
tax levy, limit of
INITIATIVE AND REFF:RENDUM (See "Ordinances") 5058-5068
Office, declared vacant when
OFFICERS:
Aldermen, election of
who eligible
and elections 4995
duties of 1st and 2nd class cities, prescribed
enter on duty when
oath and bond of
mayor, who eligible
removal of
terms of
vacancy, how filled
who are eligible to office
what officers are elected annually
ORDINANCES, effective when ...
initiative and referendum, action may be brought when
initiative in cities
petition, form of
proclamation of election
referendum petitions
when had
special election, when
submission at regular election
ballots and voting
qualification of voters
to what ordinances applicable
Code
No.
Page
5049
165
5051
165
5049
164
5198
171
hap. 160
172
5195
171
5198
172
5196
171
.chap. 47
205
chap. 47
205
5199
172
5198
172
5197
171
5195
171
5195
171
058-5068
165-168
5013
164
5005
163
5008
163
995-5015
162-164
4995-
6 162
5014
164
5013
164
5004
163
5015
164
5006
163
5015
164
5007
163
5003
162
5060
167
5058
165
5058
165
5068
168
5064
167
5061
167
5062
167
5063
167
5059
167
5065
168
5066
168
5068
168
ORGANIZATION:
census requirements
elections :
ballot
called and held
clerks
conduct of 4964
held under what laws
judges
notice of
officers, 1st election
incorporation, notice of
officers, duties
officers, elected, term, qualification
officers, hold over when
officers, who hold over
petition, signers and contents
voters, qualifications of .--
PRECINCTS OF
REGISTRATION OF ELECTORS
RETURNS, mayor may call special meeting when
TIE VOTE, duty of council
TOWN COUNCIL, may prescribe duties of officers
TOWN OFFICERS, consist of whom
VOTES to precinct, limitation when
VOTERS, who are
VOTING MACHINES
VOTING PLACES
4961
160
4962
160
4962
160
4964
161
4967
161
4967
161
4962
160
4962
160
4971
161
4963
160
4967
161
4964
161
4967
161
4971
161
4961
160
4963
161
5011
163
5009
163
5012
164
5012
164
4997
162
4997
162
5011
164
5010
163
5011
163
5011
163
591 41
ELECTION LAWS OF MONTANA 239.
Code-
No. Pape
WARDS 5001 162
certificate of 547 27
chanKe of 5002 162
map of 540 28
number of 5002 162
CIVIL OFFICE, who qualified to hold 410 25
CLERKS OF ELECTION:
compensation
election of 593 41
term of office 593 41
vacancies 503 41
COMMISSION, withholding 806 98
COMPENSATION, election judges and clerks 591 41
CONGRESSIONAL DISTRICTS 48 19
CONGRESS, MEMBERS OF:
election ■.. 824 101
of representatives in 826 101
election, when held 824 101
vacancies in office '. 825 101
vote, canvass of 827 101
CONSTITUTIONAL PROVISIONS:
apportionment and representation Art. VI, sec. 1-4 9-10
convention, constitutional Art. XIX 16-17
county attorneys: election, qualification, term Art. VIII, sec. 19 12
county commissioner districts Art. XVI 14-16
county seat, removal of Art. XVI, sec. 2 14
district court, clerk, election Art. VIII, sec. 18 12
elections, free and open Art. Ill, sec. 5 7
executive officers, qualifications, election and term Art. VII, sec. 1-3 10
initiative and referendum Art. V, sec. 1 T
judges of districts Art. VIII, sec. 12 11
judicial districts Art. VIII, sec. 12 11
justices of the peace, election, term, vacancies Art. VIII, sees. 20, 34 12
members of congress, term Art. V, sec. 2 8
qualifications Art. V, ssc. 3 8
public indebtedness Art. XIII, sec. 5-6 14
qualifications to hold office Art. IX, sec. 7 13
referendum and initiative Art. V, sec. 1 7
school district officers Art. XI, sec. 10 14
senators and representatives, qualifications Art. V, s=c. 3 8
term Art. V, sec. 2 8
> suffrage, rights of Art. IX 12,13
supreme court clerk, qualifications, election, term Art. VIII, sec. 9 11
supreme court justices, qualifications, election, term Art. VIII, sec. 6-10 10-11
writs of election Art. V, sec. 45 9
CONTESTS, election sec. 829 102
CONVENTIONS, county and state, expenses chapter 126 101
CORRUPT PRACTICES: See also election frauds and offenses. 10747 208
10772 214
bets and wagers on elections forbidden 10794 222
business advertising, solicitation, when permissible 10789 220
buttons and badges, use forbidden, when 10797 223
campaign expenditures for nomination by party organization, limit of 10774 215
by relatives 10774 215
limitation of 10773 215
candidate construed 10775 215
certain payments for attending election and for services forbidden 10797 223
certain payments of money forbidden 10802 224
challenging voters, procedure 10792 221
coercion or undue influence of voters forbidden 10793 221
complaint, form of 10818 229
contributions for certain officers forbidden 10785 220
from corporations and public utilities forbidden 10790 220
soliciting forbidden, when 10785 220
10789 220
convention credentials, transfer, when forbidden 10787 220
corporations, procedure against for violation of act 10815 228
corrupt practices defined 10796 222
criminal libel defined 10800 223
definition of terms 10775 215
election contests, advancement of case 10817 229
240
ELECTION LAWS OF MONTANA
bond
certification of findings
citation to contestee
complaint, form of
contests of petition
corporations, proceedings against for violation of act
costs, by whom recovered
county attorney, duty to prosecute
court to declare person elected, when
dismissal, when
disqualification of candidates
electors may contest
evidence
grounds of contest
illegal votes, allegations and evidence
illegal votes, contests, account of, when authorized
joinder of causes
judgment to award costs
lack of faith must be shown
precedence of actions
privilege of witnesses
removal from office, when .-..
when commenced
where filed
election expenses — see subtitle statement of candidates' expenses.
forfeiture of nomination for violation of law
form of candidate's statement of expenses
complaint in election contests
"give" construed
names of candidates not to be printed until statement of expense filed
newspapers and publishers, printing of paid matter, how regulated ..
paid political advertisements, how regulated
payment for accepting or declining nomination forbidden
credentials forbidden
refraining from candidacy forbidden
transportation to polls forbidden, when
payments in name of undisclosed principal forbidden
penalty for false oath or affidavit
violations not otherwise provided for
perjury, who deemed guilty of
person construed
personation forbidden, penalty
political agent construed
committee construed
statement of expenditures by
criminal libel defined, punishment
promise of appointment to office forbidden
public office construed
officers, not to contribute to funds
prohibited from acting as delegates or committees
speakers, when exempt from act
punishment for violation of act
receiving money for becoming candidate forbidden
criminal proceedings, how instituted
solicitation of certain contributions from candidates forbidden
from public officers forbidden
of voters on election day forbidden
statement of candidate's expenses by political committees
filed when and where
penalty for failure to file
time for filing
candidates must file when
complaints, contents, oath and filing
contents of statement
copies of act to be furnished whom :
copies to be furnished when
court may compel filing of statement
demand for statement, when made
form of
inspection of accounts
jurisdiction of actions for violation
names not to be printed on ballot until filed
penalty for failing to file
preservation of
prosecution for failure to file
tickets, sale to candidate, when forbidden
transportation to polls, when forbidden
treating by candidates forbidden
Code
No.
Page
10813
227
10814
228
10813
227
10818
229
10813
227
10815
228
10813
227
10808
226
10809
226
10817
229
10807
226
10810
227
10814
228
10810
227
10812
227
10811
227
10814
227
10814
227
10803
225
10813
227
10817
229
10804
225
10805
225
10806
226
10803
225
10819
230
10818
229
10775
215
10801
224
10798
223
10798
223
10802
224
10788
220
10789
220
10797
223
10783
219
10820
231
10816
229
10820
231
10775
215
10795
222
10775
216
10775
216
10777
216
10800
223
10784
219
10775
215
10785
220
10786
220
10775
215
10804
225
10802
224
10802
224
10789
220
10785
220
10799
223
10777
217
10776
216
10776
216
10776
216
10776
216
10779
218
10776
216
10778
218
10782
219
107S1
219
10779
218
10819
230
10779
218
10781
219
10801
224
10776
216
10782
218
10780
218
10789
220
10797
223
10791
221
ELECTION LAWS OF MONTANA 241
Code
No. Page
COUNTIES, NEW:
affidavit to petition 4393 138
apportionment Sec. 46 19
assessed valuation, determined how 4391 136
assessed valuation, must be what 4390 136
assessed valuation, term construed 4391 137
assets, pro-rated to 4390 136
ballot, contents 4394 142
sample, Keneral laws apply 4394 143
board of commissioners, appointed by governor 4397 145
board of commissioners, duties, powers 4397 145
bond of petitioners 4393 139
boundaries, commissioners to establish on petition after hearing 4393 140
boundary lines, fixed.. 4394 141
can not be created out of old, when 4390 136
certificate of election .' 4395 144
clerk of board, duties 4393 138
commission, appointment of to determine division lines 4390 136
commissioners, board of county, duties 4394 141
duties on receipt of petition 4393 137
meeting and organization of, notifying governor 4397 145
congressional district 48 19
creation, by petition 4393 137
creation by petition and election 4390-4407 136-147
district, congressional and representative 47-8 19
election costs, determination and appointment 4398 146
election, general laws, apply 4394 143
election, notice of 4394 141
result, declaration of 4395 144
unfavorable, proceeding 4395 144
excluded territory 4393 139
exclusion petitions, disposition of ' 4393 141
governor, notification to, duty of 4397 145
hearing, adjourning 4393 139
resolution of commissioners after 4393 140
upon petition 4393 139
indebtedness, pro-rated to 4390 136
judicial district of 4396 145
limitation in reduction area of old county 4390 136
limitation, reduction assessed valuation old counties 4390 136
line, county, division, must not pass where 4390 136
lines, division of, petition for appointment of commission to determine 4390 136
new election can be held when 4395 144
nomination of candidates, for office, how 4394 143
notices, posting in lieu of publication 4404 146
offices and supplies, furnished how 4395 144
officers :
bond, approval by 4396 145
bond of 4395 144
compensation and duties 4396 145
declaration of, filed where 4396 144
elected 4396 144
oath, bond .-. 4396 145
justice of peace, school trustees, and constables, hold over when 4396 144
may enter on duty, when 4395 144
must take office, when 4395 144
no election for, when 4396 144
nominated, how 4394 143
term of new 4395 144
penalties for violation of act 4406 146
petitions :
contents of 4393 138
exclusion, disposition of .'. 4393 141
hearing upon 4393 138
may be in sections 4393 138
presented to whom 4393 137
qualifications of signers to 4393 137
signers to 4393 137
publication of notice and form of 4393 138
precinct boundaries 4394 141
proclamation and notice, contents and publication of 4394 142
proclamation by commissioners 4394 141
proclamation by what board board of commissioners 4394 143
protest, filing of 4393 139
protest, petition, number of signers to 4393 139
qualified electors, list to be furnished to precincts, when 4394 143
register to be furnished to precincts when 4394 143
242
ELECTION LAWS OF MONTANA
repeal of law, exception
registration, close of ,
representation of ,
resolution of commissioners after hearing, contents...
resolution of election, filed with secretary of state
result of election, resolution regarding
returns, canvassed and returned how
seat :
election for
election result, declaration of
must be incorporated town or platted village
temporary
segregation of territory, limitation assessed valuation..
sheriff, duties, fees
signatures, affidavit of genuineness
supplies, for election
surveyed land, must contain how much
valuation, assessed, determined how
voters, qualifications of
withdrawal signatures, limit of filing.
witness fees
COUNTY BONDS:
ballots, form and separate when chap. 188,
bond election, for what purpose chap. 188,
canvass of returns chap. 188.
certificate of county clerk as to petition chap. 188,
conduct of election chap. 188,
county clerk, duty on filing of petition chap. 188,
county commissioners, action on petition chap. 188,
election, calling of chap. 188,
election, called on petition chap. 188,
general laws apply when chap. 188,
judges of election, number of and reduced when chap. 188,
notice of election, contents, posting chap. 188.
notice of election, publication of chap. 188,
percentage of electors, required to authorize issue chap. 188,
petition :
certificate of county clerk, contents chap.
consideration chap.
contents and form of chap.
filing of chap.
signers required _■ chap.
who authorized to circulate, affidavit of circulator chap.
who may sign chap.
qualification of voters chap.
resolution for bond issue, contents chap.
returns, how made chap.
special election, hours of voting chap.
vote, who may chap.
COUNTY BORROWING:
ballots, contents w
contents and form of special
special used when
board of commissioners, duty
election for borrowing money
election, notice of, contents.
loan may be voted when
questions exclude<l from ballots for candidates
Code
No.
4407
4394
4405
4393
4395
4395
4394
4394
4395
4392
4392
4393
4397
4393
4394
4390
4391
4394
4393
4397
sec. 11
sec. 7
sec. 14
sec. 8
sec. 11
S3C. 8
sec. 9
sec. 9
sec. 7
sec. 11
sec. 10
sec. 10
sec. 10
sec. 13
188, sec. 8
188, sec. 9
188, sec. 8
188. sec. 8
188, sec. 7
188, sec. 8
188, sec. 7
188, sec. 7
188. sec. 14
188, sec. 11
188, sec. 10
188, sec. 12
4720
4722
4722
4718
4717
4719
4721
4722
Page
146
142
146
140
144
143
143
142
144
137
137
141
146
138
143
136
136
142
139
146
155
154
156
154
156
154
155
155
154
156
155
155
155
156
154
155
154
154
154
154
154
154
156
156
155
156
157
158
158
157
157
157
157
157
COUNTY CHAIRMAN, selection of chap. 126 99
COUNTY COMMISSIONER DISTRICTS f art. XVI 14-16
COUNTY COMMISSIONERS, duties of, relation to elections
4465
4515 16
(See also canvass of returns I
COUNTY COMMISSIONERS:
election and term 4729
may call special election when 532
proclamations, publication of 536
COUNTY CONVENTIONS:
delegates and alternates, elected how chap. 126
filling vacancy ■- chap. 126
held when chap. 126
notice, publication of call ; ; chap. 126
147
159
25
26
100
100
100
100
ELECTION LAWS OF MONTANA 243
Code
No. Page
orKanization of chap. 126 100
precinct committeemen, admitted only chap. 126 100
COUNTY GOVERNMENT:
managerial form of chap. 109 159
adoption of chap. 109 159
election chap. 109 159
petition chap. 109 159
proclamation chap. 109 159
referendum chap. 109 159
COUNTY OFFICERS:
attorneys, qualifications, election, term art. VIII, sec. 19 12
elected when 4728 159
named 4725 158
take oath of office when 4728 159
term of 4728 159
who eligible to 4723 158
COUNTY SEATS:
general laws applicable 4388 135
location of, county commissioners to meet and organize 4378 131
designation temporary county seat 4379 131
election on permanent location 4379 131
canvass of returns 4386 134
form of ballot 4385 134
general laws applicable 4388 135
general election laws applicable 4384 134
judges, ballots and records 4383 133
proceedings after petition 4380 132
re-election on failure to select 4387 134
registration and polling precincts 4381 133
registration of voters 4382 133
special elections 4379 131
removal of county seats
election, how held 4371 130
on question 4370 130
petition 4369 129
place chosen to be county seat 4374 131
prohibition of second election 4376 131
publication of result 4373 131
removal again 4377 131
statement and notice of result 4375 131
submission to taxpayers 4370 130
voting for place of preference 4372 131
submission to special electors of question of locating permanent
county seat 4389 135
election 4389 135
petition for 4389 135
registration and polling precincts 4389 135
COUNTY SPECIAL ELECTIONS, commissioners may call when 532 25
COUNTY SURVEYOR, to furnish map of precincts 548 27
COURT. DISTRICT, clerk, election of art. VIII, sec. 18 12
COURT:
judges of district, election, qualifications, term art. VIII, sec. 12 11
justices of the peace, election, term, vacancies art. VIII, sees. 20, 34 12
DELEGATES AND ALTERNATES TO NATIONAL CONVENTIONS:
election of chap. 126 100
DIRECT PRIMARY 631-670 49-64
abstract of votes 654 59
abstract of votes, transmittal 655 60
affidavit to court of error in ballot or count 656 61
application of law to cities and towns... 634 50
ballot, arrangement and rotation of names 651 57
arrangement upon 648 56
arrangement of and notice 649 56
certification of 649 56
counting and disposition of 636 51
disposition of voted 638 53
destruction of blanks 651 58
how printed and voted 651 58
number to be printed 652 58
preserved how long 646 56
244
ELECTION LAWS OF MONTANA
rotation of names on
sample, printing of
samples, for political party
writing name on
written names, how counted
bribery, penalty
candidate, independent
for nomination, misdemeanor of
may not be nominated under sec. 612
on tally sheets
canvass, of vote, returns
of returns, state board, time for
certificate of nomination by clerk of court in contest cases
certificate of nomination, issuance of
certification of candidates
cities and towns, application of law to
city clerks, duties
nominating petitions, filed where
notice of election
precincts
primary, when held
• city central committee, powers
committeemen :
county and city, elected how
nomination of
on ballot how
organization of
term
vacancy
compensation of judges, certificate for
construction of law
contest of nomination, procedure 659
county central committee, powers
death or removal of candidate, nomination of successor
election, date of holding
election notices, form and posting
emergency law
error, affidavit to court
error, correction procedure
fee for nominating petition
forging of papers
general laws, apply to elections, when
general penal laws, applicable
independent candidate
independent candidate, can not use party name
independent party may nominate how
meeting of committee to form platform
messenger for returns, when
name, party, limitation in uss of
names of candidates, arrangement on ballot
names, rotation on ballot
names, written on ticket, how counted
national committeemen, selection, term
nominating petitions :
filed where and when
filed where
filing and fee
form of .
nominations :
arrangement and certification
by writing name on ballot .•
on more than one ticket
on other than party ticket -
register of entries :..
notices of election, form and posting
party name, limitation in use of
penalty, neglect of duty
petition for nomination, form and fee
platform committee, meeting
precinct committeemen, election of
poll books and tally sheets, disposition of
political parties which may participate in
proclamation of nominations
register and check list
register of candidates
register of nominations, entries
returns by telegraph _
Code
No.
Page
651
57
649
57
652
58
640
54
651
57
667
64
651
68
665
63
639
53
637
51
654
59
655
60
661
62
655
60
648
56
634
50
634
50
634
50
634
50
634
50
634
50
662
62
662
62
662
62
662
62
662
63
662
62
662
62
654
59
631
49
-661
61-62
662
62
647
56
632
49
633
50
635
51
656
61
656
60
640
53
669
64
670
64
668
64
651
58
639
53
639
53
666
64
657
61
639
53
649
56
651
57
651
57
663
63
644
55
640
54
640
53
641
54
648
56
640
54
651
58
651
58
654
59
633
50
639
53
658
61
640
53
666
64
662
62
638
53
639
53
655
60
650
57
645-6
55 6
654
59
657
61
ELECTION LAWS OF MONTANA
245
Code
No. PaKe
returns :
how and when made 654 59
how made for senator in congress 653 58
messenKer for .■ 656 61
rotation of names on ballot 651 57
senator in congress, candidates for 653 58
senator in congress, returns how made 653 58
state central committee, duties of 663-4 63
state central committee meeting 666 64
supplies, e.xpenses incurred 650 57
suppressing or not filing nominating papers, penalty 669 64
tally sheets :
disposition of 638 53
form of 637 51
method of keeping and posting ^. 637 52
tie vote, procedure 654,655 59,60
vacancy, by death or removal of candidate, how filled 647 56
vacancy, how filled 647 56
voter, bribing of 667 64
votes, abstract of 654 59
how transmitted , 655 60
voting 651 58
who nominated : 654 60
DISTRICT JUDGES, election and term 4730 159
DISTRICT OFFICE, who eligible to 4724 158
DROUGHT RELIEF BONDS 4680 4710 150 153
act. construed how 4710 153
ballots, form and contents 4689 152
board of commissioners, action on petition 4683 150
canvass of election, general laws apply 4687 152
conduct and canvass of election, general laws apply 4687 152
county commissioners may purchase seed grain when 4680 150
election :
called for what day 4686 151
proclamation, publication of 4686 151
special, when called and held 4685 151
indebtedness, not to exceed what sum 4G84 151
notice of election, contents 4686 151
petitions for 4681 150
purchase of supplies, when 4684 151
registrar, deputies, who are 4688 152
registrations, exceptions, closing of 4688 152
registration on election day, how 4688 152
registry cards, delivery of 4688 152
special meeting for consideration of petition 4682 150
special meeting, notice by clerk to board •. 4682 150
voters, who entitled to vote 4688 152
voting, manner of 4689 152
ELECTION CERTIFICATE 828 101
duty of commissioners 4465 147
withholding 806 98
ELECTIONEERING at polling places 693 68
ELECTIONEERING on election day by officers 693 68
ELECTION FRAUDS AND OFFENSES:
acts avoid elections, when 10772 214
aiders and abettors, penalty 10756 210
ballots :
adding to or subtracting from 10755 210
changing or altering by officers, penalty 10752 209
destroying, penalty 10749 209
exhibition of, penalty 10760 211
marking for identification, penalty 10760 211
unfolding or marking by judges, penalty 10753 209
voting spurious ballots 10760 211
betting on elections, penalty 10767 212
bribery, what constitutes 10769 212
bribing members legislative caucus 10764 212
canvass of returns, interfering with, penalty 10749 209
certificate of nomination, forging, altering or suppressing, penalty.... 10758 210
conviction of violation voids election, when 10772 214
crimes, against 10747 208
destroying or defacing election supplies .^. 10760 211
disturbance of public meetings 10766 212
election laws, violation of, penalty 10747 208
246
ELECTION LAWS OF MONTANA
Code
No.
electioneering by officers of election 10759
electors, intimidation and corruption of 10757
employers, unlawful acts of 10770
entertainments at personal expense, penalty 10701
fines, disposal of 10771
intimidating voters 10757
marking- ballots for identification 10760
money furnished to promote election, penalty 10761
offer to appoint to office, communication of, penalty 10762
10763
officers not to electioneer, penalty 10759
political convention, bribery members of, penalty 10764
poll lists, changinf: or destroying 10749
public meetings, disturbance of 10766
preventing 10765
registration, fraudulent, penalty 10748
returns, altering or destroying by officers, penalty 10752
10754
destruction, penalty 10749
forging or altering, penalty 10754
supplies, removal or destruction, penalty 10760
violation of laws, punishment when not prescribed by codes 1076H
voters, intimidation of, penalty 10757
votes, adding to or substractingr 10755
fraudulent, penalty 10749-50
procuring illegal voting 10751
workmen, unlawful acts of employers toward 10770
ELECTIONS:
free and open „ art. Ill, see. 5
general 531
special 532
notices, form and contents 594
notices, posting 595
time of holding 531
ELECTORS, arrest, privileged from when 541
GOVERNMENT OF COUNTIES 4723-30
INDEBTEDNESS, public art. XIII, sec. 5, 6
INDEPENDENT CANDIDATES, nominated how 639
INITIATIVE AND REFERENDUM:
ballot, certification of title for 103
contents of 104
constitutional provisions art. V, sec. 1
county clerk, duty of 101
102
103
105
forms of petition, not mandatory 101
measure, designation of » 103
distribution of to voters 105
effective when lOS
mailing of 105
number to be printed 105
numbering of 103
printing of 105
notary certificates, form of 101
petitions, filing of 100
are prima facie evidence 101
form of initiative 100
form of not mandatory 101
form of referendunrj 99
who may sign, penalty , 107
proclamation by governor 105
publication 102
secretary of state, duties of 101
102
103
105
signatures, counting of 101
State purchasing agent, duties 105
title, contents, certification and printing of 103
votes, canvassed how - 105
voting, manner of 104
INSTRUCTION CARDS, printing and distribution 677
INSTRUCTIONS FOR ELECTORS, printing and delivery of, posting,
contents „ 607
JUDGES AND CLERKS OF ELECTION, compensation 591
Page
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212
209
212
212
208
209
210
209
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212
210
210
209
209
214
25
25
41-2
42
25
26
158-159
14
53
23
23
7
21
22
23
24
22
23
24
25
24
24
23
24
22
20
22
20
22
20
25
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22
22
22
23
24
22
24
23
24
23
65
44
41
ELECTION LAWS OF MONTANA
247
Code
No.
JUDGES. DISTRICT:
elections of 1932 chap. 91
vacancies, how filled 8820
JUDGES, ELECTION:
appointment of 487 9
appointment, duty of commissioners 4465
compensation 591
duty affixing pasters 680
letter of appointment 592
oath, administered 699
politics of 590
term of office, vacancies 593
JUDICIAL DISTRICTS:
creation art VIII, sec. 12
list of 8812 13
JUDICIAL OFFICERS:
justices, supreme court:
additional justices 8791
designation of 8792
term of 8791-2
chief justice 8790
computation of years of office 8797
justices of the peace :
electad, when 8833
term of office 8837
vacancies, how filled 8838
LAWS, ELECTION, printing of 807
MEMBERS OF CONGRESS:
canvass of vote 827
election, when held 824,826
term and qualifications ai-t. V, sec. 2, 3
vacancy in office 825
MILITARY DUTY, on election day 542
NATIONAL CONVENTIONS, delegates, nomination and election chap. 126
NOMINATIONS BY CONVENTION OR PRIMARY MEETING:
certification of candidates for ballot, time 619
certificates of nomination, filed where 614
certification of nominations for vacancies 621
certification of primary meeting 613
challenge, form of oath, perjury 627
convention, defined 612
counting of votes 625
clerk of nominating meeting, duties 626
declination of 620
error in printing name, remedy 622
fraudulent voting or counting 628
judges, at primary convention, choosing of, powers 625
individual petition 615
influencing electors 629
nomination certificate :
contains only one candidate's name 616
filed where 614
preservation and inspection of 617
time for filing 618
nomination to fill vacancies 621
officers of election, failure to perform duty 611
penalty for violating statutes 630
primary, defined . 612
primary meeting, certification of 613
returns, blanks for transmitting 608
returns, copying of 609
returns, posting and mailing 610
unlawful interference 629
vacancies, nomination to fill 621
voting at, qualifications 623-4
voting at, caucus, primary, qualifications 623-4
NOMINATIONS for same office on more than one ticket 682
OATH:
judges and clerks, must take 596
refusal to take challenge oath 712
Page
207
208
41
147
41
65
41
70
41
41
11
207
206
206
206
206
206
208
208
208
98
101
101
8
101
27
99
47
46
47
45
48
45
48
48
47
47
48-49
48
46
49
46
46
46
46
47
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49
45
45
45
45
45
49
47
47-48
47-48
06
42
72
248 ELECTION LAWS OF MONTANA
Code
No. Page
who may administer during election 597 42
Office, civil, who qualified to hold 410 25
Officers, county and township, qualifications, election, term 4723-4730 158-9
OFFICERS, PUBLIC:
qualification, election, term art. VII, sec. 1-3 10
qualifications to hold art. IX, sec. 7 13
supreme court, clerk, qualifications, election, term art. VIII. sec. 9 11
supreme court justices, qualification, election, term art. VIII, sec. 6-10 10-11
PASTERS FOR BALLOT 69'5 69
for ballots, may be used 678 65
for ballots, when 680 65
POLITICAL PARTY, term, includes what chap. 126. sec. 1 99
POLL BOOK:
disposition 770 71
clerk must forward 599 42
form of 600 42-43
or certificate, rejection of 601 43
recording of voted ballot 701 70
POLL LIST, clerk to keep 705 71
POLL LISTS, entry of voted ballot 69r> 69
POLLING PLACES:
closing of, proclamation 691 68
electioneering at 693 68
equipment for 692 68
guard rail, who may be within 693 68
number of 692 68
obstructing 693 68
open when 633,689 50,68
proclamation on opening 6V)(i 68
PRECINCT COMMITTEEMEN, selection chap. 126 99
PRECINCTS:
defined, establishing, boundaries 545-6, 548 27
establishing and changing, abolishing 4465 147
map of 548 27
notices, form and contents 594 41-2
register, disposition of 770 71
register book, entries by judges 704 70-71
register, failure or refusal to sign 704 71
PRESIDENTIAL ELECTORS:
ballots cast by 819 99
canvass of votes for 814 99
casting vote 818 99
certificate of election 815 99
compensation of 822 99
expense accounts, how certified and paid 823 99
how chosen 813-823 99-100
lists of persons voted for by 820 99
lists, transmitting of 821 99
meeting of 816 99
nominating chap. 126 99
certificates chap. 126 99
number chosen 813 98
political party, defined chap. 126 99
vacancy, how filled 817 99
PROCLAMATIONS:
election 533 25
contents of election 534 25
publication of 536 26
QUESTIONS, publication of for vote ..' 538 26
REFERENDUM AND INITIATIVE (see Initiative and Referendum)
REGISTRATION OF ELECTORS 553-586 28-40
REGISTRATION:
act, violation of. penalty 585 40
action, to compel 577 39
applicant, not full time resident, or naturalized 559 31
"cancelled file." withdrawal of cards from 564 34
cards, cancellation 562 34
cancellation of 570 36
challenge, administration of oath 584 40
of voter, contents of, disposition, duty of jiidgrea 573 36
duty of judges 573 37
ELECTION LAWS OF MONTANA 249
Code
No. Page
closing of. publication and posting notice 566 34
county clerk, deputy, authority of 580 40
court actions to compel 577 39
deputy registrars, who are, fees and duties 557 31
election, defined 582 40
elector, defined 581 40
may register before deputy when, charge for 556 30
failure to vote, card removal 562 33
hours of 558 31
index, card register 554 28
index cards, size, form and contents 554 28-29
list of electors, printing and posting 567 35
military or naval officers 563 34
name omitted from poll book 579 39
naturalized citizen 575 38
officers, penalty for failure to perform duty 583 40
omissions from poll book 579 39
poll book, fees from cities and towns, school districts 571 36
poll books, preparation of 568 35
precinct registers, charge for copy of 572 36
precinct register, election returns, poll book, delivery of 576 39
precinct register, signing of by voter, affidavit 576 38
printing costs 586 40
procedure, when register is closed 569 36
register, form, arrangement and contents 554 28
register, official, completion of 558 31
removal of cards of non-voters 563 33
registered voters, certificate of 566 34
registrar, duties 553 28
registry cards :
classification and arrangement of 558 31
numbering and marking of 558 31
transfer to new precinct, form of 560 32
re- registration 562 34
residence, change of, procedure 561 32
determined how 574 37
supplies for election, duty of county commissioners 586 40
violation of act, penalty 585 40
voters, cancellation of 562 34
voter, entitled to vote when 578 39
voter, may cast vote on affidavit 565 34
voter omitted from poll book, procedure 579 39
voting :
duty of judges,, precinct register 576 38
entries, precinct register 576 38
identity established 578 39
only when name on register 578 39
who may register 555 30
REPRESENTATION (See Apportionment)
RESIDENCE, rules for determining 574 37-38
RESULT OF ELECTION, withholding 806 98
ROAD DISTRICTS, Special:
board of directors, election 1664 128
ballots, preservation of 1667 128
canvass of votes 1667 129
general election 1664 128
notices, calling election 1667 129
polling places 1666 129
voters, challenge of, oath 1665-6 128
voters, who are 1665 128
SCHOOL DISTRICT BONDS:
ballots, preparation of chap. 147, sec. 11 120
board of trustees, action on petition chap. 147, sec 9 119
canvass of returns chap. 147, sec. 15 122
election, conduct of chap. 147, sec. 13 121
election, limitation code 1252 122
election, notice of chap. 147, sec. 10 120
electors, list of chap. 147, sec. 12 121
electors, registration of chap. 147, sec. 12 121
issue of without election, procedure chap. 147, sec. 7 118
petition and election chap. 147, sec. 8 118
form contents and proof of petition chap. 147, sec. 9 118
percentage of electors required to authorize chap. 147, sec. 14 121
poll books chap. 147. sec. 12 121
resolution to issue, after voting chap. 147, sec. 15 I2a
250
ELZCTION LAWS OF MONTANA
Code
No.
saving clause code 127"
voters, qualifications chap. 147, sec. 12
who may vote code 1253
SCHOOL DISTRICT INDEBTEDNESS:
election supplies chap. 47
electors, list of, posting chap. 47
electors, qualifications chap. 47
SCHOOL DISTRICT OFFICERS art. XI, sec. 10
SCHOOL DISTRICTS:
consolidation of districts, bonded debt 1031
election of trvistees 1034
method of consolidation 1034
order of consolidation 1034
petition and election 1034
SCHOOL DISTRICTS, RURAL:
bonds, authority to issue 1044
county unit system, elections, registration and voting 1042
limitation on second election 1042
petition for adoption 1042
trustees, appointment of 1042
definition of terms 1040
dissolution, procedure lO'l^
how formed 1041
how subdivided 1041
petition for transfer 1041
second class districts, bonds of 1046
creation of 1046
indebtedness, apportionment of 1046
tax to pay warrants...: 1046
warrants for indebtedness 1046
sinking fund for third class districts 1045
third class districts sinking fund 1045
assumption of indebtedness 1045
trustees, annual meeting of 1047
bonds, power to issue 1044
submission of question to electors 1044
budget, preparation of 1044
compensation 1047
elections, judges, canvassing of votes 1043
failure to attend meetings 1047
nomination of 1043
oath and term of office 1043
officers 1047
other meetings 1047
powers and duties of 1044
qualifications 1043
taxation, certification of 1044
vacancies 1043
unit for purpose of taxation 1041
SCHOOLS:
board, powers of 1015
building and furnishing fund, used for what 1210
county superintendent, election of 951
HIGH SCHOOL CODE:
bond issues, submission of question chap. 148, sec. 13
election, petition for chap. 148, sec. 12
form chap. 148, sec. 14
limit .-. chap. 148, sec. 14
of county, district and high schools chap. 148. sec. 15
rate of interest chap. 148, sec. 14
time <• chap. 148, sec. 14
bonds, school, validated by statute chap. 6
budget system, election for deficiency chap, 146, sec. 7
COUNTY HIGH SCHOOLS:
abolishment of, procedure 19
county commissioners' duty 24
election, holding 23
location and establishment, validated chap. 6 35
petition ■'*'
publication of notice 22
(luestion, submission of ; 21
validation of acts chap. 6 36
Page
122
121
122
205
205
205
14
107
107
107
1U7
107
111
108
108
108
108
107
115
107
107
107
114
114
114
114
114
113
113
113
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HI
HI
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115
110
115
110
110
115
115
HI
HO
111
HO
107
106
116
102
123
122
123
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123
123
123
25
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25
25
124
125
124
124
124
125
ELECTION LAWS OF MONTANA
251
Code
No.
Page
JUNIOR HIGH SCHOOLS:
approval of superintendent of public instruction.,
bonds, application and submission of question
issue and marketinK of
establishment
establishment where district high exists
election
Iietition
question submitted
resolution of board 7
trustees, duty of
SCHOOLS, PUBLIC:
finance :
election on taxation in excess of ten mills
challenKe, oath of electors, false swearing
conduct of election
form and marking of ballot
notice of election
purpose of levy to be stated
property, election for sale of
superintendent of public instruction, qualifications and term.
trustees, election, notice of
trustees, special election, may call
SCHOOL SITES:
selection, purchase or exchange of, procedure
election, notice and canvass of votes
approval of
location of
not to be changed for three years
state board of land commissioners to sell land for..
SCHOOL TRUSTEES:
annual election held, when and where
election of generally, challenges, oath of voter
elections, board of trustees to call
canvass of votes
certificate of judges
expenses, how paid...
hours of holding
in districts of first class :
nominations
procedure
in districts of second and third class, procedure
in first class districts :
ballots and method of voting
judges
oath of voters
poll and tally lists
qualifications of electors
expenses of election.
nominations in districts of second and third class
number in different districts
oath of office
qualifications of
re-arrangement of term to prevent election of majority
removal by court, procedure
trustees in new counties
vacancy in office, how filled
term of appointee
vacancy in office of clerk, power to fill
what acts constitute forfeiture of office
special bond elections, power to call when
SEATS, COUNTY, removal of art. XVI.
SEATS (see county seats)
SEED GRAIN:
act construed ■
ballots, form of and contents
bonds, manner of voting
conduct of election and returns, general laws apply
indebtedness not to exceed what sum
petition, filing of, action upon
to county board, form and contents
proclamation for election, contents and publication
proclamation, posting of
purchase of by board of county commissioners
46
126
48
126
51
127
45
126
52
127
49
127
46
126
47
126
46
126
50
127
1219
116
1223
117
1222
117
1222
117
1220
117
1221
117
1014
106
931
102
992
103
1014
106
1173
116
1173
116
1173
116
1173
116
1173
116
1173
116
987
102
1003
106
991
103
996
104
996
104
1004
106
993
103
990
103
990
103
989
102
995
104
994
104
1003
106
996
104
1002
106
1004
106
988
102
986
102
997
102
985
102
1001
105
999
105
4396
144
998
105
998
105
1000
105
998
105
1014
106
sec. 2
14
4676
150
4648
149
4640
147
4646
149
4644
148
4641
148
4640
147
4645
148
4645
148
4640
147
252 ELECTION LAWS OF MONTANA
Code
No. Page
repistrars of election, deputies 4647 149
registration cards, return of 4647 149
registration, exceptions, and close of 4647 149
registration on election day 4647 14y
registration, supplies, furnishing _ 4647 149
special election called when 4644 148
held when 4645 148
special meeting of board of commisisoners, called how 4641 148
voters, qualifications ; 4647 149
SMOKE NUISANCE:
bonds, issue of 5292 176
election, when 5292 176
election, notice of 529 4 177
registration not required 5299 177
STATE CHAIRMAN, selection of chap. 126 99
STATE CONVENTION, call, publication of chap. 126 100
certificates of election, signing of chap. 126 100
conducted how chap. 126 100
delegates, selection of chap. 120 100
nomination, certificates of, delivered where chap. 126 100
time of holding chap. 126 100
SUBSTITUTION OF NAME BY PASTER code 680 65
SUFFRAGE, rights of art. IX 12.13
SUPPLIES AND EQUIPMENT, duty of commissioners to furnish 1515 147
SUPPLIES, furnished how 598,603 42,43
TAX PAYER. what constitutes for election purposes 544 2''
TOWNSHIPS, officers, named .' 4726 159
UNOFFICIAL SAMPLE BALLOT, excluded 696 69
VOTER, assistance to. when given 699 70
disposition of ballot 700 70
may paste name of candidate on ballot 678 65
may taite memo in voting booth 678 65
qualification of 540 26
VOTING, assistance to elector when 699 70
VOTING BEGINS ,. 688 <i8
VOTING BOOTH, expense for 694 69
occupied by one person only 697 70
occupied how long 697 70
VOTING BY ABSENT VOTERS:
may vote when 715 72
affidavit, comparison by county clerk with index card 718 73
on envelope 720 74
application for ballot :.... 716 72
form of 717 7a
ballot:
delivery to election judges 723 75
record of 724 75
to be sent by special delivery 728 77
clerk to furnish blanks 719 73
disposition of ballot by clerk 722 75
envelopes, disposal of 727 76
form of affidavit and return 720 74
judges to note absent voters on poll-list 725 75
mailing ballot 720 74
marking and swearing to ballot 721 74
numbering ballots 725 75
opening envelopes after deposit 731 78
penalty for :
false swearing and official misconduct 782 78
violation of act by persons outside of state 735 79
change of venue 735 79
procedure when elector present 734 7S
must cast vote if present on election day 734 78
rejection of ballots 725 727 75-77
voting :
before election day 726 76
by elector in person 729 30 77
machints, canvass of votes 733 78
who may vote 715 72
VOTING BY ABSENT ELECTORS IN MILITARY OR NAVAL
SERVICE:
adjutant-general, duties concerning act 738 79
ballots :
canvass of 747,748 83
deposit with state treasurer, when 747 83
ELECTION LAWS OF MONTANA 253
Code
No. Page
ti-ansmission to electors 745 82
voted ballots, transmission to clerk 746 82
canvass of votes :
by county commisisoners 749 84
by state canvassinK board 748 83
determination of number of votes cast 750 84
returns received after certain dates not to be canvassed 751 84
construction of act 756 8o
county clerk, duties concerning 741 80
disposal of envelopes received before certain date 748 83
disposition of canvassed ballots 754 85
duty of county clerk... 737,741 79,80
envelopes and affidavit 742 81
Keneral register to be prepared by secretary of state 738 80
informalities not to invalidate act : 753 84
information, duty of officers to furnish 738 80
list of service men to be mailed 737 79
markinp: and sealing: ballot 743 82
official ballots, preparation and printing... 740 80
penal laws applicable 753 84
persons before whom ballots may be marked 752 84
printing and distribution of act 755 85
secretary of state, duties of 738,741 80
time for casting ballot 744 82
transmission by telegraph of candidates' names 739 80
who may vote under act 736 79
VOTING LIST, kept by clerk 705 7i
VOTING MACHINES:
assistance of elector, when 762 87
ballot :
and instructions to voter
labels
city and county clerk to set up machine for use
counties and cities may use
counting votes
diagram of machines to be published
duty of county clerk to demonstrate
election returns :
preparation of certificate of closing polls
examination by public
irregular ballots, marking of
machine to be locked
tally-sheets, return of
election supplies to be furnished
exhibition of
experimental use of authorized
irregular ballots
judges to be appointed for
laws applicable
method of conducting
no books for poll-lists
nominations on two tickets, how regulated
nominees, statements to be filed by
party ballots, arrangement of
payment for machines
penalty for :
deceiving electors
fraudulent returns or certificates
neglect of duty
tampering with machines
violation of duty to judge
plates over keys not in use
presidential electors, names on ballot
procedure when machine unworkable
purchase and use of machines
repair of
returns, how made
samples of printed matter, preparation of
specifications of machines required
state board of voting machine commissioners :
creation of
duti;s
unofficial ballots, use of
voting, how conducted
Voting of ballot
Voting places, can not be at Indian agency or post
763
88
763
88
764
89
759
86
766
90
763
88
763
88
767
90
767
90
767
90
767
90
767
90
763
88
763
88
773
92
765
90
761
86
768
91
761
87
763
88
763
88
763
88
764
89
760
86
762
87
772
92
769
92
770
92
771
92
764
89
763
88
773
92
759
86
773
92
767
91
763
88
758
86
757
85
757
85
773
92
761
86
696
69
552
28
254 ELECTION LAWS OF MONTANA
Code
No. Page
designation of 550-1 28
VOTING PRECINCT REGISTER, signing 704 71
VOTING, special ballot 696 69
WRITS OF ELECTION art. V, 45 9
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